^// 


U.  S.  DEPARTMENT   OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  VUI. 
^i^trp^  WiL£Y,  Chief, 


~~ T 


u£oe?5siToaY 


FOODS  AND  FOOD  CONTROL 


REVISED    TO    J"TJ3L,~2"    1,    1905. 


VIII.     LAWS  OF  VIRGINIA,  WAS1II  \<  ,T<  >\.  WKST   VIRGINIA, 
WIsbONSIN,  AM)  WYOMING. 


By    \V.    I).    BIGELOW, 
Chief,  Division  <>f  F<>oi>h. 


WASH  I  \ 
GOVERNMEN  i    PRINTING   OFFICE. 

I  •  i  ' 


U.  S.  DEPARTMENT   OF   AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  VIII. 

H.  \V.  WILEY,  Chief. 


FOODS  AND  FOOD  CONTROL. 


EEVISED    TO    JUL1T    1,    1905. 


VIII.     LAWS  OF  VIRGINIA,  WASHINGTON,  WEST  VIRGINIA, 

WISCONSIN,  AND  WYOMING. 


By    W.    I).    BIG  ELOW, 
(  !hibk,  I  Division  of  1- a. 


WASHINGTON: 

(,<>yi  RNMENT    PRINTING   OFFICE 

i  906 


LETTER  OF  TRANSMITTAL 


U.  S.  Depabtmbnt  of  Agriculture, 

Bureau  of  Chemistry, 
Washington,  D.  CI,  October  25,  1906. 
Sir:  I  have  the  honor  to  transmit  herewith   for  your  approval  a 
compilation  of  the  food  laws  of  Virginia,  Washington,  West  Virginia, 
Wisconsin,  and  Wyoming,  which  has  been  revised  to  July  1,  L905.     I 
recommend  that  this  manuscript  be  published  as  Bulletin   No.  69, 
Revised,  Part  VIII,  of  the  Bureau  of  Chemistry. 
Respectfully, 

H.  W.  Wiley,  Chief. 
Hon.  James  Wilson. 

Si  </■<  t<i  rij  of  Agricvltun  . 
ii 


C  0  X  T  E  N  T  S 


Page. 

Virginia 639 

General  food  laws 639 

Candy 642 

Dairy  products 043 

Fish  (see  Flour,  etc.,  inspection  law). 

Flour,  etc.  (inspection  of  fish,  meat,  salt,  and  barreled  products  in  general ) .  044 

.Meat  (see  Flour,  etc.,  inspection  law). 

Salt  (see  Flour,  etc.,  inspection  law). 

Vinegar  and  cider 650 

Water 651 

Washington 653 

General  food  laws 653 

Bread,  etc 656 

Dairy  products 657 

Fish 664 

Rules  and  regulations 666 

Wesl  Virginia 670 

General  food  law 670 

I  >airy  products 670 

Water 671 

Wisconsin 672 

General  food  laws 672 

Baking  powders 673 

Bread 073 

Canned  goods 675 

Dairy  products  and  other  food  supplies 070 

Flavoring  extracts 

Flour  (  I  tuck  w  heat ) 

Honey 

Lee 687 

Meat 687 

Preservatives 68' 

Syrups 

Vinegar 

Rulings  made  t>\  the  commissioner 

Wyoming 093 

<  General  food  laws 

Alcoholic  i'<-\ erages 897 

Candy  

Canned  n Ls 

hairy  products 700 

Maple  products 702 

Meal 70S 

Vinegar 703 

in 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/wyowilltrolOObige 


FOODS  AND  FOOD  CONTROL— VIII 

Revised  to  July  1,  1905. 


VIII.— Laws  of  Virginia,  Washington,  West  Virginia,  Wisconsin,  and 

Wyoming. 


VIRGINIA. 


The  State  department  of  agriculture  is  charged  with  the  enforce- 
ment of  the  food  laws  of  Virginia.  In  reply  to  a  letter  of  inquiry,  the 
following  statement  was  received  from  Mr.  G.  W.  Koiner,  commis- 
sioner of  agriculture: 

No  prosecutions  have  yet  been  made  under  the  provisions  of  the  pure-food  law, 
as  it  was  deemed  best  to  publish  the  first  bulletin  and  give  the  merchants  and  con- 
sumers an  opportunity  to  learn  what  the  law  is  and  what  rulings  and  standards  have 
been  adopted  before  putting  it  in  full  operation.  Already,  however,  the  law  is  having 
an  excellent  effect,  as  many  letters  have  been  received  in  regard  to  labeling  and 
branding,  discussing  what  will  and  will  not  be  allowed  to  he  sold  in  this  State. 
There  is  a  decided  disposition  manifested  to  comply  with  the  law,  and  the  good 
effects  are  being  seen.  Many  of  the  old  laws  passed  prior  to  the  general  food  law  of 
1900  should  be  repealed,  as  they  tend  to  much  confusion. 

GENERAL  FOOD  LAWS." 

3811.  I'ntrltolesome provision* ;  penalty.  If  any  person  knowingly  sell  any  diseased, 
corrupted,  or  unwholesome  provisions,  whether  meal  or  drink,  without  making  the 
same  known  to  the  buyer,  he  shall  be  confined  in  jail  not  exceeding  six  months,  and 
lined  not  exceeding  one  hundred  dollars. 

881  la.  To  prevent  the  gelling  of  unwholesome  meat,     Unconstitutional. 

*{sl2.  Addition  of  injurious  ingredients  to  food  or  drugs.  If  any  poison  fraudulently 
or  knowingly  adulterate,  for  the  purpose  of  sale,  any  drug  or  medicine,  or  any 
article  of  food  or  drink,  w  ith  any  BUbstance  that  may  be  injurious  to  health,  or  with 
barytes  or  any  substance  intended  to  Increase  the  weight  or  quantity  of  such  food  or 
drink,  he  shall  be  confined  in  jail  not  exceeding  one  year,  and  fined  not  exceeding 
five  hundred  dollar-;  and  the  adulterated  articles  -hall  he  forfeited  and  destroyed. 

Code  L904,  vol.  •_',  title  52,  ch.  186,  p.  2098. 

1898a,  (1  )  Examination  <nnl  analyti  i  of  food*  on  board  of  agriculture.  For  the  pur- 
pose of  protecting  the  people  of  the  state  from  imposition  by  the  adulteration  and 
misbranding  of  articles  of  food,  the  board  of  agriculture  -hall  cause  to  be  procured 

from  time  to  time,  and  under  the  rules  and  regulations  to  !»,•  prescribed  by  them,  in 
accordance  w  ith  section  nine  of  this  act,  samples  of  food,  beverages,  and  condiments 


a  See  also  "  Flour;  inspection  of  barreled  prod  nets  in  general." 


640  FOODS  AND  FOOD  CONTROL. 

offered  for  sale  in  the  state,  and  shall  cause  the  same  to  be  analyzed  or  examined 
microscopically  or  otherwise  by  the  chemists  or  other  experts  of  the  department  of 
agriculture.  The  hoard  of  agriculture  is  hereby  authorized  to  make  such  publica- 
tions of  the  results  of  the  examinations,  analyses,  and  so  forth,  as  they  may  deem 
proper. 

(2)  Adulterated  or  misbrandedfood;  penalty.  That  no  person,  by  himself,  or  agent, 
shall  knowingly  manufacture,  sell,  expose  for  sale,  or  have  in  his  possession  with 
intent  to  sell,  any  article  of  food  which  is  adulterated  or  misbranded  within  the 
meaning  of  this  act;  and  any  person  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  for  such  offenses  shall  be  fined  not  exceed- 
ing two  hundred  dollars  for  the  first  offense,  and  for  each  subsequent  offense  not 
exceeding  three  hundred  dollars,  or  be  confined  in  jail  not  exceeding  one  year,  or 
both,  and  such  tines,  less  legal  costs  and  charges,  shall  be  paid  into  the  treasury  of 
the  state. 

(3)  Analyses  showing  aduUeration  to  be  reported  to  city  or  count;/  attorney.  That  the 
chemists  or  other  experts  of  the  department  of  agriculture  shall  make,  under  rules 
and  regulations  prescribed  by  the  board  of  agriculture,  examinations  of  specimens  of 
food,  beverages,  and  condiments  offered  for  sale  in  Virginia  which  may  be  collected 
from  time  to  time  under  their  directions  in  various  parts  of  the  state.  If  it  shall 
appear  from  such  examination  that  any  of  the  provisions  of  this  act  have  been 
violated,  the  commissioner  of  agriculture  shall  at  once  certify  the  facts  to  the  com- 
monwealth's attorney  for  the  city  or  county  in  which  the  offense  shall  have  been 
committed,  and  furnish  that  officer  with  a  copy  of  the  result  of  the  analysis  duly 
authenticated  by  the  analyst  under  oath. 

(4)  Prosecution.  That  it  shall  be  the  duty  of  every  commonwealth's  attorney  to 
whom  the  commissioner  of  agriculture  shall  report  any  violation  of  this  act,  to  cause 
proceedings  to  be  commenced  and  prosecuted  without  delay  for  the  tines  and  penal- 
tie-  in  such  cases  provided. 

(5)  "Food"  and  "misbranded"  defined.  That  the  term  "food,"  as  used  herein, 
shall  include  all  articles  of  food — candy,  condiment,  or  drink,  by  manor  domestic 
animals  whether  simple,  mixed,  or  compound.  The  term  "misbranded,"  as  herein 
used,  shall  include  all  articles  of  food  or  articles  which  enter  into  the  composition  of 
food,  the  package  or  label  of  which  shall  bear  any  statement  purporting  to  name 
any  ingredients  or  substances  as  being  contained  or  not  being  contained  in  such  arti- 
cle, which  statement  shall  be  false  in  any  particular. 

(6)  "Adulteration"    defined.      That    for  the   purpose  Of  this  act   any  article  of  food 

shall  be  deemed  adulterated — 

First.  If  any  substance  or  substances  has  or  have  been  mixed  or  packed  with  it, 
so  as  to  reduce  or  lower  or  injuriously  affect   its  quality  or  strength  so  that  such 

product,  when  offered  for  sale,  shall  deceive  of  tend  to  deceive  the  purchaser. 

Second.  1  f  any  inferior  substance  or  substances  has  or  have  been  substituted  wholly 
or  in  part  for  the  article  so  that  the  produd  w  hen  sold  shall  deceive  or-  tend  to 
deceive  the  purchaser. 

Third,  [f  any  Valuable  Constituent  has  been  wholly  or  in  part  abstracted,  so  that 
the  product   when  sold  shall  deceive  or  tend  to  deceive  the  purchaser. 

Fourth.  If  it  be  an  imitation  of  and  sold  under  the  specific  name  of  another 
article. 

Fifth.  If  it  he  mixed,  colored,  powdered,  coated,  polished,  or  stained  in  a  manner 
whereby  damage  or   inferiority   is  concealed,    so  that  such    product  when   sold   shall 

deceive  or  tend  to  deceive  the  purchaser. 
sixth.   1 1  it  contain  any  added  poisonous  ingredient,  or  any  ingredient  which  may 

render  such  article  injurious  to  the  health  of  the  person  consuming  it. 

Seventh.    If  it   be  labeled  or  branded   s.  I  as   to  deceive  or  mislead  the  purchaser,  or 

purport  to  be  a  foreign  product  when  branded  so,  or  an  imitation  either  in  package 


VIRGINIA.  641 

or  label  of  an  established  proprietary  product,  which  has  been  trade-marked  or 
patented. 

Eighth.  If  it  consists  of  the  whole  or  any  part  of  a  diseased,  filthy,  decomposed, 
or  putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal  unfit  for  food, 
whether  manufactured  or  not,  or  if  it  is  the  product  of  a  diseased  animal  or  of  an 
animal  that  has  died  otherwise  than  by  slaughter. 

Ninth.  That  candies  and  chocolates  may  be  deemed  to  be  adulterated  if  they  con- 
tain terra  alba,  barytes,  talc,  chrome  yellow  or  other  mineral  substances,  or  poisonous 
colors  or  flavors,  or  other  ingredients  deleterious  or  detrimental  to  health:  provided, 
that  an  article  of  food,  beverage,  or  condiment  which  does  not  contain  any  added 
poisonous  ingredient  shall  not  be  deemed  to  be  adulterated  in  the  following  cases: 

First.  In  the  case  of  articles,  mixtures,  or  compounds  which  may  be  now,  or  from 
time  to  time  hereafter,  known  as  articles  of  food,  beverages  or  condiments  under  their 
own  distinctive  names  and  not  included  in  definition  fourth  of  this  section. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged  bo  as  to  plainly  indi- 
cate that  they  are  mixtures,  compounds,  combinations,  imitations  or  blends. 

Third.  When  any  matter  or  ingredient  has  been  added  to  the  food,  beverage  or 
condiment  because  the  same  is  required  for  the  production  or  preparation  thereof  as 
an  article  of  commerce  in  a  state  lit  for  carriage  or  consumption  and  not  fraudulently 
to  increase  the  bulk,  weight  or  measure  of  the  food,  beverage  or  condiment,  or  con- 
ceal the  inferior  quality  thereof:  provided,  that  the  same  shall  be  labeled,  branded 
or  tagged  as  prescribed  by  the  board  of  agriculture,  so  as  to  show  them  to  be  com- 
pounds and  the  exact  character  thereof:  and  provided  further,  that  nothing  in  this 
act  shall  be  construed  as  requiring  or  compelling  proprietors  or  manufacturers  of  pro- 
prietary foods  to  disclose  their  trade  formulas  except  in  so  tar  as  the  provisions  of 
this  act  may  require  to  secure  freedom  from  adulteration  or  imitation:  provided  fur- 
ther, that  nothing  in  this  act  shall  be  construed  to  apply  to  proprietary  or  patent 
medicines:  provided,  that  it  shall  not  apply  to  baking  powders  containing  starch. 
wheat  flour,  bicarbonate  of  soda  and  exsiccated  alum;  but  it  shall  apply  to  any  bak- 
ing powder  containing  any  other  ingredient  than  those  specifically  named  above 
which  may  be  upon  analysis  found  to  be  deleterious  to  health. 

Fourth.  Where  the  food,  beverage,  or  condiment  is  unavoidably  mixed  with  some 
harmless  extraneous  matter  in  the  process  of  collection  or  preparation:  providedfur- 
tlter,  that  no  person  shall  be  convicted  under  the  provisions  of  this  act  when  he  is 
able  to  proves  written  guaranty  of  purity  in  a  form  approved  by  the  board  of  agri- 
culture Bfi  published  in  their  rules  and  regulations,  signed  by  the  wholesale  jobber, 
manufacturer,  or  other  party  from  whom  hi'  purchased  said  article. 

( 7  i  Board  of  agriculture  to  regulate  branding.  That  the  board  of  agriculture  is  hereby 
authorized  to  cause  all  compounds,  mixed  or  blended  products  to  be  properly 
branded,  and  prescribe  how  this  shall  be  done. 

(S)  Board  <>/  agriculture  to  publish  exemptions  <ni<l  <st<il>li?}t  standards.  That  it  shall 
be  the  duty  of  the  board  of  agriculture  to  prepare  and  publish  from  time  to  time  lists 

of  the  articles,  mixtures  or  compounds  declared  to  be  exempt  from  the  provisions  of 

tin-  act  in  accordance  with  r-r.-ti.pn  si\.      The  board  of  agriculture  shall  also  from  tune 

to  time  fix  and  publish  the  Limits  of  variability  permissible  in  any  article  of  food, 

beverage  Or  condiment,  an. 1  these  standards,  when  so  published,  shall  remain  the 
standards  before  all  courts:  provided,  that  when  standards  ha\  e  or  may  be  fixed  by 
the  secretary  of  agriculture  of  the  United  State-  the]   shall  be  accepted  l»y  the  hoard 

of  agriculture,  and  published  as  the  standard-  for  Virginia. 

[9)  Samples.  That  every  person  who  expo-,-  [or sale  or  delivers  to  a  purchaser 
any  condiment,  beverage,  or  article  of  food  shall  furnish,  within  business  hours, 
and  upon  tender  and  full  payment  of  the  selling  price,  a  sample  of  such  condiments, 
beverages  or  articles  ol  food  to  any  person  duly  authorized  by  the  board  of  agricul- 
ture  to  secure   the   same,  and  who   shall   apply  to   -uch    liianulact  urei    or   Vender  Or 


642  FOODS    AND    FOOD    CONTROL. 

person  delivering  to  a  purchaser  such  beverage  or  article  of  food,  for  such  sample 
for  such  use  in  sufficient  quantity  for  the  analysis  of  such  article  or  articles  in  his 
—  ion. 

(10)  Obstructing  t  nforcemt  ni  of  law;  penult;/.  That  any  manufacturer  or  dealer  who 
refuses  to  comply  upon  demand  with  the  requirements  of  section  nine  of  this  act,  or 
any  manufacturer,  dealer  or  person  who  shall  impede,  obstruct,  hinder  or  otherwise 
prevent  or  attempt  to  prevent  any  chemist,  inspector  or  other  person  in  the  per- 
formance of  his  duty  in  connection  with  this  act  shall  be  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction,  be  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  or  be  imprisoned  not  more  than  one  hundred  days,  or  both,  and 
said  fines  less  legal  costs  shall  be  paid  into  the  treasury  of  the  state. 

(11)  Interference  with  commerce,  etc.  That  this  act  shall  not  be  construed  to  inter- 
fere with  commerce,  or  any  interstate  commerce  laws  of  the  United  States. 

Approved  February  27,  1900.  Acts  of  Assembly,  1899-1900,  ch.  655,  pp.  694-697; 
Code  of  1904,  vol.  1,  title  25,  ch.  84,  pp.  983-986. 

1898b.  Prosecutions;  fees.  For  the  purpose  of  a  more  rigid  enforcement  of  the 
law  prohibiting  the  sale  of  adulterated  and  misbranded  foods  in  the  State  of  Virginia, 
it  shall  be  the  duty  of  the  judge  of  the  circuit  or  corporation  court  for  each  county 
and  city  of  this  State  to  bring  to  the  attention  of  the  grand  juries  of  his  county  or 
city  the. act  approved  February  twenty-seventh,  nineteen  hundred,  entitled  an  act  to 
prevent  the  sale  of  adulterated  and  misbranded  food  in  the  State  of  Virginia,  and 
upon  the  finding  of  an  indictment  against  the  manufacturer  or  vender  of  such  adul- 
terated or  misbranded  food,  beverages,  or  condiments,  or  at  any  time  prior  thereto, 
the  Commonwealth's  attorney  may,  if  he  deem  it  proper,  forward  a  sample  of  the 
same  to  the  commissioner  of  agriculture,  to  be  analyzed  or  examined,  microscopically 
or  otherwise,  by  the  chemists  or  other  experts  of  the  department  of  agriculture,  who 
shall  render  a  report  thereon  to  said  Commonwealth's  attorney,  which  report  may 
be  used  in  evidence  before  said  grand  jury  or  at  the  trial  of  said  person  or  persons  so 
indicted.  For  each  conviction  under  said  act  said  Commonwealth's  attorney  shall 
be  entitled  to  a  fee  of  ten  dollars,  which  shall  be  paid  by  the  city  or  county  in  which 
said  conviction  was  had  upon  an  order  from  the  judge  of  said  court,  and  said  tee  shall 
he  paid,  notwithstanding  the  provisions  of  any  law  to  the  contrary  limiting  the  salary 
or  fees  of  Commonwealth's  attorney;  and  said  fee  shall  be  taxed  as  a  part  of  the 
eci-is  againsl  the  defendant,  and  when  collected  shall  be  paid  into  the  treasury  of  said 
county  or  city. 

\<  N  of  L904,  Ch.    I<>,  p.    14;   Code  of  1904,  title  'J.'),  ch.  84,  p.  *<S(i. 

CANDY. 

ls9Se.  Injurious  ingredients  in  candies.  No  person  shall  either  directly  or  by  his 
servant,  or  as  servant  or  agent  of  any  other  person  or  corporation,  manufacture  for 

sale  or   knowingly   sell   or  offer  to  sell   any  can.lv  adulterated    by  the  admixture  ol 
terra  alba,  barvtes,  talc,  or  any  other  mineral  suhstance  or  poisonous  colors  or  flavors 

or  other  ingredients  deleterious  ox  injurious  to  health. 

(2 1  Penalties.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  pun- 
ished hyaline  not  exceeding  two  hundred  dollars  nor  less  than  twenty  dollars. 
The  candy  so  adulterated  shall  he  forfeited  and  destroyed  under  the  direction  ol  the 
court. 

Code  of  L904,  vol.  l,  title  25,  ch.  84,  pp.  987  988. 


VIRGINIA.  643 

DAIRY  PRODUCTS. 

1899.  Use  of  diluted  or  adulterated  milk  in  cheese  or  butter  factories.  Whoever  shall 
knowingly  sell,  supply,  or  bring  to  be  manufactured,  to  any  cheese  or  butter  manu- 
factory in  this  state,  any  milk  diluted  with  water,  or  in  any  way  adulterated,  or  milk 
from  which  any  cream  has  been  taken,  or  milk  commonly  known  as  skimmed  milk; 
or  whoever  shall  keep  back  any  part  of  the  milk  known  as  stoppings,  or  knowingly 
bring  or  supply  to  any  cheese  manufactory  milk  that  is  tainted  or  partly  Hour,  from 
want  of  proper  care  in  keeping  clean  any  vessel  in  which  said  milk  is  kept,  after 
being  notified  of  such  taint  or  carelessness;  or  any  cheese  manufacturer  who  shall 
knowingly  use,  or  direct  any  of  his  employees  to  use,  for  his  or  their  individual  ben- 
efit, any  cream  from  the  milk  brought  to  the  said  cheese  manufacturer,  without  the 
consent  of  all  the  owners  thereof,  shall,  for  each  offence,  forfeit  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars,  to  be  recovered  by  any  person  upon  whom 
such  fraud  is  committed. 

1899a.  The  act  of  1891-92,  p.  840,  declared  unconstitutional  as  interfering  with 
interstate  commerce. 

1900.  Imitation  butter  must  be  so  branded.  Every  person  who  shall  manufacture  lor 
sale,  or  who  shall  offer  or  expose  for  sale,  any  article  or  substance,  in  semblance  of 
butter  or  cheese,  not  the  legitimate  product  of  the  dairy  and  not  made  exclusively 
of  milk  or  cream,  but  into  which  the  oil  or  fat  of  animals  not  produced  from  milk 
enters  as  a  component  part,  or  into  which  melted  butter  or  any  oil  thereof  has  been 
introduced  to  take  the  place  of  cream,  shall  distinctly  and  durably  stamp,  brand,  or 
mark  upon  every  tub,  firkin,  box,  or  package  of  such  article  or  substance  the  word 
"Oleomargarine,"  in  plain  Roman  letters,  not  less  than  half  an  inch  square,  placed 
horizontally  in  proper  order,  thus,  "Oleomargarine."  In  all  cases  of  retail  sale  of 
such  article  or  substance  in  parcels,  the  seller  shall  deliver  therewith  to  the  pur- 
chaser a  written  or  printed  label,  bearing  the  plainly  written  or  printed  word  "Oleo- 
margarine" in  type  or  letters  as  aforesaid;  and  every  sale  of  such  article  not  so 
Stamped,  branded,  marked,  or  labeled,  sha'J  be  void,  and  no  action  shall  be  main- 
tafned  for  the  price  thereof. 

1901.  Penalty.  If  any  person  sell  or  offer  to  sell,  or  cause  or  procure  to  be  sold,  or 
offered  or  exposed  for  sale,  or  have  in  his  possession  with  intent  to  sell,  contrary  to 
the  provisions  of  the  preceding  section,  any  article  or  substance  required  by  said  -.  c- 
tion  to  l»e  stamped,  marked,  or  labelled;  or,  in  case  of  retail  sale,  without  delivery 
of  a  label  as  required  by  said  section,  he  shall  for  every  such  offence  he  fined  one 
hundred  dollars,  one-half  to  go  to  the  informer,  and  the  other  half  to  the  common- 
wealth. On  the  trial  for  such  offence,  proof  of  the  sale,  or  offer  or  exposure  alleged, 
shall  he  presumptive  evidence  of  knowledge  of  the  character  of  the  article  so  -old  or 
offered. 

Code  of   L904,.vol.  1,  title  25,  ch.  si,  p.  991. 

1*71.  Quality  brand  for  butter  <m<l  lard.  Each  inspector  of  butter  or  laid  shall 
examine  all  ottered  for  Inspection  in  tubs,  firkins,  kegs,  or  barrels,  exceeding  in 
weight  fifty  pounds;  and  .-hall  brand  «»r  stamp  the  same,  if  tit  to  pas-,  with  the  num- 
ber "one,"    "two,"   or   "three,"   as  he  may  judge  il    to  be  of  first,  second,  or  t  hird 

quality. 
Code  of  1904,  vol.  I.  title  25,  ch.  84,  p.  976. 

L899b<  I  I  )  M'niii/iirtnr,  and  sn/r  of  imitation  butter.  So  person  by  himself  or  his 
agents  or  servants  -hall  render  or  manufacture,  sell,  offer  for  -ale.  expose  for  sale  or 
have  in  hi-  possession  with  intent  to  sell,  an\  article,  product,  or  compound,  made 
wholly  or  partly  m. m  any  fat,  oil  ..r  oleaginous  substance  or  compound  thereof,  not 

produced  from  unadulterated  milk  or  cream  of  the  same,  which  shall  be  in  imitation 

L8622    No.  «;«.>.  pt  8    <"'■    —2 


644  FOODS  AND  FOOD  CONTROL. 

of  yellow  butter  produced  from  pure  unadulterated  milk  or  cream  of  the  same: 
provided,  that  nothing  in  this  act  shall  be  construed  to  prohibit  the  manufacture  or 
sale  of  oleomargarine,  buttcrine,  or  kindred  compounds  in  a  separate  and  distinct 
form,  and  in  such  manner  as  will  advise  the  customer  of  its  real  character,  free  from 
coloration  or  ingredient  that  causes  it  to  look  like  butter. 

(2)  Use  of  imitation  butter  in  hotel*,  etc.  That  it  shall  be  unlawful  for  any  keeper  or 
proprietor  of  any  bakery,  hotel,  travern,  licensed  boarding-house,  restaurant,  saloon. 
lunch  counter,  or  place  of  public  entertainment,  to  use  oleomargarine,  butterine,  or 
kindred  compound  either  in  baking,  making,  or  cooking  of  bread,  cakes,  pies, 
crackers,  meat,  fish,  fowl,  or  other  edibles;  or  to  serve  the  same  to  guests  or  patron-. 
without  first  posting  and  exhibiting  in  their  respective  bakeries,  stores,  restaurants  and 
dining-rooms  in  a  conspicuous  public  place,  in  large  Roman  letters  not  less  than  one 
inch  square,  a  sign  or  placard,  with  this  inscription:    Imitation  butter  used  here. 

(3)  Penalties.  Whoever  violates  any  of  the  provisions  of  section  one  or  two  of  this 
act  shall  be  punished  by  a  fine  not  less  than  fifty  nor  more  than  two  hundred  and 
fifty  dollars,  or  by  imprisonment  in  the  jail  of  the  county  or  corporation  in  which 
the  offense  is  committed  for  a  term  not  exceeding  six  months. 

(4)  Sampling  and  analyses.  It  shall  be  the  duty  of  the  commissioner  of  agriculture 
of  this  state  to  have  samples  taken  of  butter,  oleomargarine,  or  butterine,  or  any 
adulteration  of  batter,  wherever  offered  for  sale  in  this  state,  and  have  these  samples 
analyzed  by  the  chemist  employed  by  said  commissioner  of  agriculture,  and  where 
the  analysis  of  the  sample  or  samples  so  taken  show  that  any  adulterated  article  has 
been  sold  or  offered  for  sale,  it  shall  be  the  duty  of  the  commissioner  oi  agriculture 
to  report  the  fact  to  the  commonwealth's  attorney  in  the  county  or  city  where  said 
samples  were  taken.  A  copy  of  said  chemist's  analysis,  when  certified  to  by  him, 
shall  be  admissible  as  evidence  in  any  court  of  this  state  on  the  trial  involving  the 
purity  of  any  butter. 

(o)  Jurisdiction.  Justices  of  the  peace  shall  have  jurisdiction  to  impose  the  penalty 
herein  prescribed. 

Laws  of  L897  and  L898,  ch.  16,  p.  147,  as  amen. led  by  Acta  of  Assembly  1899-1900, 
eh.  008,  p.  1606;  Code  of  L904,  vol.  1,  title  25,  ch.  84,  pp.  990-991. 


FISH. 


See  Flour,  etc.,  Inspection  law 


FLOUR,   ETC.  (INSPECTION  OF   FISH,  MEAT,  salt,  AND   BARRELED 
PRODUCTS  IN  GENERAL). 

1  ^."iO.  Requirements  for  flours.  All  wheat  Hour  offered  for  inspection  shall  be  well 
bolted  and  merchantable,  of  due  fineness,  and  without  mixture  o  dour,  or  of 

any  other  grain  than  wheat;  and  all   corn  meal  BO  offered  Bhall    be  well  sifted,  made 

of  corn  well  kiln-dried  and  merchantable,  of  due  fineness  and  without  mixture  of 

any  other  material. 

1. 851,  Construction  of  flour  barrets,  etc.     All  barrels  containing  Hour,   meal,  and 

bread,  offered  for  inspection,  shall  be  made  of  ■_"><  d  seasoned  timber,  either  split  or 
-awed,  with  ten  hoops,  well  nai  led  w  it  h  four  nai  Is  in  each  chine  hoop  and  three  nails 

in  each  bilge  hoop.  The  stave  shall  be  twenty-seven  inches  long,  and  the  bead 
seventeen  inches  and  a  naif  in  diameter.  In  half  barrels  the  staves  shall  be  twenty- 
three  inches  long  and  the  head  twelve  and  a  half  inches  in  diameter. 

1  8  •"»-.  Standard  weightof  barrel  of flour ,  etc;  penalty.  Bach  barrel  of  flour  or  corn 
meal  shall  contain  one  hundred  and  ninety-sis  pounds  of  flour  or  meal,  and  each 
half  barrel  ninety-eight  pound-;  and  in  case  of  deficient  quantity,  any  person  offer- 
ing such  Hour  or  meal  for  inspection  Bhall  forfeit  eighl  cents  for  each  pound  of  such 
deficiency  nol  exceeding  three,  and  seventeen  cents  for  each  pound  over  three. 


VIRGINIA.  645 

1853.  Inspection  of  four  from  outside  of  State.  The  acts  repealing  this  section  pro- 
vide: "  Nothing  in  this  act  shall  deprive  the  vendor  or  the  purchaser  of  any  package 
of  flour  or  fish  of  the  right  to  require  the  inspection  of  the  same  if  he  bo  desires." 
Repealed  1887-1888,  pp.  52,  102. 

1854.  Penalty  for  sale  without  inspection.  The  acts  repealing  this  section  provide: 
"Nothing  in  this  act  shall  deprive  the  purchaser  of  any  package  of  flour  or  fish  of 
the  right  to  require  the  inspection  of  the  same  if  he  so  desires."  Repealed  1887- 
1888,  pp.  52,  102. 

1861.  Barreled  products  that  must  be  inspected  and  branded.  Every  barrel  of  flour, 
corn  meal,  bread,  fish,  pork,  beef,  tar,  pitch,  or  turpentine;  every  barrel,  box,  or  bag 
of  salt,  and  every  bale  of  hemp  made,  packed,  <>r  filled  in  this  State,  and  offered  for 
inspection,  shall  have  the  weight  and  tare  thereof  marked  thereon  by  the  manufac- 
turer, packer,  or  filler  thereof. 

1862.  Brand  for  exported  products.  Every  manufacturer  of  flour,  corn  meal,  bread, 
or  salt,  for  exportation,  shall  keep  a  mark  by  which  his  own  manufactory  may  be 
distinguished,  with  which  he  shall  brand  or  mark  distinctly  each  barrel  of  flour, 
meal,  or  bread,  and  each  barrel,  box,  or  bag  of  salt,  before  the  same  is  removed  from 
the  place  where  manufactured;  but  no  such  manufacturer  shall  use  or  permit  to  be 
used  on  any  such  commodity  more  than  one  such  brand  or  mark  within  one  year 
from  the  first  day  of  June  annually,  other  than  a  private  mark  indicating  the  quality 
of  the  article. 

1863.  Penalty  for  not  branding.  For  every  barrel,  box,  bag,  or  bale  of  any  of  the 
commodities  mentioned  in  the  two  preceding  sections,  offered  for  inspection,  or 
removed  from  the  manufactory  contrary  to  either  of  said  sections,  the  prison  offering 
the  same  for  inspection,  or  the  manufacturer,  shall  forfeit  fifty  cents;  and  if  any  per- 
son wilfully  put  a  false  tare  or  weight  on  any  such  barrel,  box,  bag,  or  bale,  he  shall 
forfeit  one  dollar  on  every  such  barrel,  box,  bag,  or  bale. 

1  Mil.  Duty  of  inspector.  Every  inspector,  by  himself  or  a  deputy,  shall  attend 
when  required,  at  such  time  or  place,  within  his  county  or  inspection  district,  as  the 
owner  of  any  commodity  of  which  lie  is  inspector  may  appoint,  and  examine  such 
commodity,  either  by  boring  through  the  head,  in  case  of  a  barrel,  with  an  auger 
not  exceeding  half  an  inch  in  diameter,  or  in  some  other  satisfactory  manner  as  to 
barrels  and  all  other  parcels. 

1865.  Brand  of  location  <ni'l  </ti<t/it,/.  If  an  inspector  of  Hour,  corn  meal,  or  bread 
shall  judge  that  it  is  merchantable,  and  packed  in  proper  barrels  as  prescribed,  he 
shall,  after  plugging  the  hole,  if  one  has  been  made,  brand  the  barrel,  in  the  quarter, 
with  the  name  of  the  county  or  place  in  which  he  is  inspector;  and  in  respect  to 
Hour,  with  the  quality  thereof,  either  a-  '•  family  Hour,"  "extra  superfine,"  u Super- 
fine," "fine,"  or  "middlings;"  and  as  to  corn  meal,  with  the  WOlde  "line  meal;" 
■nd  as  to  bread,  with  the  words  "  tine  bread." 

Code  of  1904,  vol.  1,  title  2r>,  ch.  84,  pp.  <.':•-,  975. 

L898£  Combination  flour  must  in  so  l<ti«i<<l;  penalty.  No  person  or  persons  shall 
hereafter  adulterate  wheal  flour  by  the  addition  of  corn  starch,  oorn  flour,  barley 
flour,  or  other  adulteration,  nor  shall  manufacture,  sell  or  exchange,  or  expose  for 
sale  or  exchange  or  have  in  his  or  their  possession  tor  the  purposes  of  sale  or  exchange 

an\  w  heat  flour  adu  Iterated  with  corn  March,  corn  Hour,  barley  fl<  .ur.  -  -r  <  >t  her  adul- 
teration, nor  shall  receive  <>r  solicit  any  order  for  the  manufacture,  sale,  exchange, 
or  delivery  within  this  state  oi  any  wheat  flour  adulterated  with  corn  starch,  corn 
Hour,  barley  (lour,  or  other  adulteration  unless  he  or  they  shall  plainly  and  durably 
brand,  stamp,  or  mark  each  package,  parcel,  DOX,  or  barrel  containing  BUch  adul- 
terated wheat  flour  with   the  word  ••combination,''  and   beneath   this  word  shall    be 

plainly  stamped  on  ever]  barrel,  box,  or  other  package  the  name  and  percenta 


646  FOODS  AND  FOOD  CONTROL. 

each  ingredient  need  therein,  and  any  such  person  or  persons  who  shall  fail  to  stamp 
each  barrel,  box,  or  package  as  aforesaid,  or  who  shall  misstate  the  percentage  of 
every  ingredient  in  such  combination  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  not  less  than  twenty-rive  dollars 
or  exceeding  one  hundred  dollars  for  each  offence  or  imprisoned  in  jail  not  less  than 
sixty  days,  or  both  in  the  discretion  of  the  court. 

The  possession  by  any  person  who  is  either  manufacturer,  merchant,  wholesale  or 
retail  dealer  of  any  packages,  parcels,  or  boxes  containing  any  of  the  combination 
flour  defined  by  this  act  that  is  not  plainly  and  durably  marked  with  the  word 
"combination  "  shall  be  prima  facie  evidence  that  the  order  upon  which  such  flour 
was  obtained  was  for  such  flour;  provided,  that  if  packages,  and  so  forth,  containing 
combination  flour  shall  be  plainly  and  durably  marked  as  required  by  the  provisions 
of  this  act  before  or  when  the  same  are  sold  or  exchanged  or  exposed  for  sale  or 
exchange,  then  the  person  or  persons  so  selling  or  exposing  for  sale  or  exchange  the 
same  shall  be  exempt  from  the  penalties  of  this  act. 

Code  of  1904,  vol.  1,  title  25,  ch.  84,  p.  988. 

1898g.  (1).  Com  meal  ground  outside  of  Virginia.  No  person  shall  sell,  offer  for 
sale,  expose  for  sale,  or  have  in  his  possession  with  intent  to  sell,  any  meal  ground  or 
milled  outside  of  the  State  of  Virginia  from  Indian  corn,  knowing  the  same  to  be 
ground  or  milled  outside  of  said  State,  under  the  name  of  Virginia  or  Old  Dominion 
mill,  or  under  other  name,  or  with  any  character,  designed,  marked,  or  name  on  the 
sacks,  bags,  or  packages  intended  to  create  the  impression  that  such  meal  has  been 
ground  or  milled  within  the  State  of  Virginia:  provided,  that  nothing  in  this  act 
shall  be  construed  to  prevent  the  sale,  within  the  State  of  Virginia,  of  meal  ground 
or  milled  without  the  State  of  Virginia  from  Indian  corn  not  marked  in  such  mannei 
as  to  create  the  impression  that  such  meal  was  ground  or  milled  within  the  State  of 
Virginia  from  Indian  corn. 

(2).  Meal  made  of  "western  corn."  That  no  person  shall  sell,  offer,  or  expose  i<>r 
sale  any  meal  ground  or  milled  inside  the  State  of  Virginia  under  the  name  of  Vir- 
ginia or  Old  Dominion  meal  manufactured  from  Indian  corn  grown  west  of  the 
boundaries  of  this  State  and  known  as  "western  corn,"  nor  bearing  or  under  any 
character,  design,  or  mark  on  the  sacks,  bags,  or  packages  containing  said  meal 
intended  to  create  the  impression  that  such  meal  has  been  ground  or  milled  from 
Indian  corn  grown  within  the  State  of  Virginia:  provided,  that  nothing  in  this  act 
shall  be  construed  to  prevent  the  sale  within  the  State  of  Virginia  of  meal  ground  or 
milled  within  the  State  of  Virginia  from  Indian  corn  grow  n  wot  of  the  boundaries 
of  this  State,  and  known  as  "western  corn,"  not  labeled  or  branded  with  such 
characters  or  marks  as  to  create  the  impression  that  such  meal  was  ground  or  milled 
from  Indian  corn  grown  within  the  State  of  Virginia. 

(3).  Penalty.  Any  person  violating  any  of  the  provisions  of  this  act  shall  he 
deemed  guilty  of  a  misdemeanor,  and  he  punished  by  a  tine  of  not  less  than  ten 
dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the  jail  of  the 
county  or  corporation  in  which  the  offense  is  committed  for  a  term  not  exceeding 

six  months. 

I  Evidence,  violation  of  tec.  /.  In  any  prosecution  of  a  person  for  a  violation  of 
Section  one  <>f  this  act,  proof  of  the  sale,  or  offer  for  sale  or  exposure  for  sale,  or  pos- 
session with  intent  to  sell,  shall  he  prima  facie  evidence  of  knowledge  that  such 
meal  was  ground  or  milled  outside  of  the  State  of  Virginia. 

Evidence,  violation  of  sec.  P.     in  any  prosecution  of  a  person  for  a  violation  of 

Section  tWO  Of  this  act,  proof  of  the  .-ale,  or  offer  or  exposure  for  sale,  shall  he  prima 

facie  evidence  of  knowledge  that  such  meal  was  ground  or  milled  from  Indian  corn 

grown  west  of  the  I  .on  ndaries  of  t  h  is  Stat  <  •  a  n<  I  know  n  as  "western  corn." 

J^iws  L901-1902,  p.  7();  Code  "i  L904,  voL  I.  title  25,  ch.  84,  pp.  988-900. 


VIRGINIA.  647 

1855.  Regulations  for  packing  fish.  All  fish  offered  for  inspection  shall  be  packed, 
all  of  one  kind,  in  barrels  of  well-seasoned  strong  timber,  clear  of  sap,  not  less  than 
five-eighths  of  an  inch  thick,  made  tight,  with  at  least  twelve  hoops,  containing  not 
less  than  twenty-eight  gallons.  The  barrels  shall  be  well  nailed  and  pegged,  and 
full  of  fish,  well  salted,  cleaned,  sound,  and  merchantable.  But  nothing  in  this  sec- 
tion or  chapter  shall  require  salt  fish  packed  as  aforesaid,  brought  into  the  city  of 
Alexandria,  from  any  other  state  or  country  to  be  inspected  unless  the  merchant 
importing  such  fish  so  desires. 

1856.  Regulations  for  packing  pork  or  beef.  All  barrels  containing  pork  or  beef 
offered  for  inspection  shall  be  made  of  the  same  kind  of  timber,  and  of  the  same 
thickness  and  strength,  as  is  prescribed  for  fish  barrels,  and  shall  contain  at  least 
two  hundred  and  four  pounds  net  of  good,  clean,  fat,  sound,  merchantable  meat, 
well  salted  between  each  layer,  and  well  pickled.  There  shall  not  be  more  than  two 
heads  in  any  one  barrel  of  pork,  and  the  whole  shall  be  well  salted  and  cured  before 
it  is  packed. 

1858.  Construction  of  salt  barrels.  All  barrels  containing  salt  offered  for  inspection 
shall  be  made  of  good,  seasoned  materials,  with  at  least  ten  hoops,  with  four  nails  in 
each  chine  hoop,  and  three  nails  in  each  upper  bilge  hoop,  and  not  exceeding  thirty 
inches  in  length  and  eighteen  inches  in  diameter  across  the  head  within  the  chine. 

1866.  Branding  of  fish,  pork,  beef,  as  toqualiti/,  etc.  If  an  inspector  of  fish,  pork, 
beef,  tar,  pitch,  or  turpentine,  shall  judge  the  same  to  be  sound  and  merchantable, 
and  as  to  fish,  pork,  or  beef,  that  it  is  properly  packed  and  salted,  and  in  proper 
barrels,  he  shall  brand  or  stamp  each  barrel  with  the  letter  "  V  ",  with  the  first  Letter 
of  the  name  of  his  county  or  town,  and  with  his  own  name;  and  in  respect  to  fish, 
pork,  or  beef,  with  the  number  "one"  or  "two",  as  he  may  judge  it  to  be  of  first 
or  second  quality,  either  as  to  the  quality  of  the  article,  or  the  order  in  which  the 
barrel  is  found;  and  in  respect  to  pork,  with  the  letter  "L",  for  large  pork,  or  the 
letter  "S",  for  small  pork,  as  the  case  may  be;  and  the  head  of  each  barrel  of  tar, 
pitch,  or  turpentine,  with  a  mark  distinguishing  the  article  it  contains. 

ls(>7.  Branding  of  salt  asto  quality,  weight,  etc.  If  an  inspector  of  salt  judge  the 
same  to  l>e  merchantable,  and  if  packed  in  barrels,  that  they  are  such  as  are  required, 
he  shall  mark  or  brand  each  barrel,  box,  or  bag,  in  a  durable  way,  with  the  name  of 
his  county,  and  with  the  quality  thereof,  as  number  "one",  "two*',  or  "three". 
He  shall  also  weigh  each  barrel,  box,  or  bag,  and  mark  the  same  in  like  maimer. 
with  the  gross  weight,  and  with  the  tare,  allowing  for  each  barrel  of  salt  twenty- 
eight  pounds  for  the  tare.  But  if  he  finds  that  the  barrel  exceeds  that  tare,  he  shall 
cause  the  true  tare  to  be  marked  thereon,  for  which  he  shall  have  an  extra  fee  of  one 
cent  on  each  barrel,  bag,  or  box. 

ls(js.  Inspection  and  branding  of  alum  saU.  In  the  case  of  alum  salt  (not  to  be 
exported  in  hulk),  the  inspector  may  examine  the  same  in  hulk,  if  desired,  hut 
shall,  after  it  is  packed,  weigh  and  mark  and  brand  the  game,  as  directed  in  the 

preceding  section,  and  also  with  the  words  "alnni  salt." 

L869.  8iteofsaU  barrelt;  time  of  inspections.  No  inspector  shall  pass  any  salt  in  a 
barrel  of  larger  dimension!  than  i-  prescribed;  nor  shall  any  salt  he  weighed  by  him 
until  it  lies  twenty-four  hours,  at  least,  and  su.h  additional  time  after  packing,  as 
the  inspector  shall  deem  sufficient  for  draining  it. 

IsTO.  Inspection  certtycatt  for  exported  soft.  In  the  case  of  salt  intended  to  be 
export*  d  in  hulk,  if  the  inspector  And  the  same  t<»  be  of  final  quality,  he  shall  grant 
to  the  owner  a  certificate  stating  the  quality  and  probable  quantity  of  the  salt,  the 

name  of  the  vessel  in  which  it  is  loaded,  and  the  market  to  which  it  is  destined. 

1  s  7 1 .  Branding  of  <->>m  I,  mm  <l  <,r  una\  rsizi  </  bam  Is,  ii<-.  If  any  inspector  of  any  com- 
modity  offered  to  him  for  inspection  judge  the  same  to  he  unmerchantable  and  unfit 
to  pass,  "i  not  packed  as  required,  he  shall  brand  each  Buch  barrel,  box,  bag,  cask, 
tub,  firkin,  or  ke>j,  so  deemed  unlit  to  pass,  with  the  word  "condemned  " ;  and  if  he 


B48  FOODS  AND  FOOD  CONTROL. 

judge  such  commodity  merchantable  and  in  good  condition,  except  that  the  barrel 
is  under  the  size  required,  he  shall  brand  on  such  barrel  the  word  "undersize", 
and  at  the  same  time  brand  thereon  the  true  quality  of  the  said  commodity;  and 
in  the  case  of  lumber  or  salt  inspected  in  bulk,  shall  refuse  the  certificate  required 
when  the  article  is  passed;  and  in  the  case  of  hemp,  shall  annex  to  each  bale  a  label, 
stamped  with  the  word  "condemned".  But  such  inspector  shall,  if  required  by  the 
owner  of  such  commodity,  secure  the  same  for  a  further  examination.  If  no  each 
examination,  as  hereinafter  provided,  be  had  within  twenty  days,  or  on  such  review 
the  inspector's  judgment  be  confirmed,  he  shall  brand  the  same,  if  not  previously 
done,  acccording  to  his  judgment. 

1876.  Barrels  judged  to  be  damaged  bat  not  condemned.  If  any  inspector  find  any 
such  barrel  of  any  such  commodity  damaged  or  out  oi  order,  though  not  to  such 
extent  as  to  make  it  proper  on  that  account  to  condemn  it,  he  shall  state,  in  writing, 
the  cost  of  patting  the  same  in  good  order,  with  the  block  or  cooper's  mark  on  the 
same,  the  grade  of  the  article,  and  the  maker's  or  packer's  brand  thereon,  and  deliver 
such  statement  to  the  owner  of  such  article.  The  amount  of  damage  thus  ascertained 
shall  be  deducted  from  the  price,  if  it  has  been  sold,  unless  otherwise  agreed,  or 
unless  the  seller  shall  cause  such  barrel  to  be  put  in  good  order. 

1is7(>.  Appeal  from  inspector's  decision;  costs.  Any  person  offering  for  inspection 
any  such  commodity,  which  is  judged  of  inferior  quality,  or  condemned  or  refused 
by  any  inspector,  may  apply  within  twenty  days  alter  each  inspection,  to  a  justice 
of  the  county  or  corporation  for  which  he  is  inspector,  who  shall  thereupon  issue  a 
warrant  directed  to  three  disinterested  persons  selected  by  him  to  review  the  inspect- 
or's judgment.  They  shall  take  an  oath  to  discharge  their  duty  faithfully;  and  if 
they  declare  such  commodity  to  be  merchantable  or  of  better  quality  than  it  was 
judged  to  be  by  the  inspector,  he  shall  thereupon  erase  the  mark  or  brand  with 
which  he  may  have  marked  the  same,  and  mark,  brand,  or  label  it,  as  the  said 
reviewers  may  direct;  and  in  the  case  of  lumber  or  salt  inspected  in  bulk,  grant  a 
certificate  or  note  in  conformity  with  the  reviewers'  judgment;  and  in  such  cases  the 
inspector  shall  pay  the  costs  of  the  review,  including  three  cents  to  each  of  the 
reviewers  for  each  barrel  of  any  commodity,  or  for  every  five  bushels  of  salt,  not  in 
barrels,  or  fifty  cents  for  each  bale  of  hemp,  or  seventy-live  cents  for  each  thousand 
pieced  of  lumber,  or  six  cents  for  each  parcel  of  butter  or  lard  reviewed.  Hut  if  the 
judgment  of  the  inspector  lie  confirmed  by  the  reviewers,  then  the  complainant 
shall  pay  the  coste  of  the  review,  including  the  same  compensation  to  the  reviewers, 
besidee  the  fees  of  inspection  to  the  inspector,  except  that  in  the  ease  of  salt  he  shall 
pay  the  inspector-  ten  cents  for  each  barrel  or  every  li\e  bushels  of  salt. 

1  n 7  7.  Rei "  " '  r*i  penalty.  If  any  person  so  appointed  as  a  reviewer  refuse  to  act,  he 
shall  forfeit  to  the  person  applying  for  such  warrant  live  dollars. 

Is7s.  Fees  for  various  inspections,     [nspectoreof  the  several  commodities  herein- 
before mentioned,  and  cullers  of  lumber,  shall  have  the  following  fees: 
it   For  each  barrel  of  flour,  corn  meal  or  bread  inspected,  two  cents; 

Becond.  For  each  barrel  of  fish,  pork,  and  beef,  six  cents;  and  for- each  barrel  of 
tar,  pitch,  and  t  urpent  ine,  four  cents; 

Third.    For  each    barrel   of  salt,    and    fo*  every   five   bushels   thereof,    when    it    is 

inspected  in  boxes,  in  bags,  or  in  bulk,  one  cent; 
Fourth.   For  each  tub,  firkin,  keg,  or  barrel  of  butter  or  lard,  four  cents;    *    *    * 
Is  71).  Payment  of  fees.    The  said  \<-v^  shall  be  paid   by  the  person  offering  the 

commodity  for  inspection,  except  in  the  case  of  lumber,  and  in  that  case  one-half 

shall  be  paid  by  the  buyer  and  one-half  by  the  seller,  unless  the  siinc  be  not  sold  at 
the  time  of   inspection,  in  which  case  the  whole  shall    he  paid  by  the  060800   offering 

it  for  inspection. 
Isso.  Assistants.     While  the  inspector  is  engaged  in  examining  and  weighing  any 

Commodity,  the  person  offering  the  same  lor  inspection  shall  furnish  as  many  hands 

at  his  own  charge  to  a  net  the  inspector  as  may  he  necessary. 


YIKGINIA.  649 

1881.  False  tare  suspected;  expense  of  unpacking.  An  inspector,  if  he  suspect  any 
commodity  on  which  the  tare  is  marked  to  be  falsely  marked,  or  if  the  purchaser 
request  it,  shall  unpack  any  barrel  or  other  parcel  of  such  commodity,  and  if  he 
find  the  tare  greater  than  is  marked,  the  manufacturer  or  packer  and  filler  who  sold 
the  same,  shall  pay  the  expense  of  unpacking  or  repacking,  in  addition  to  any  pen- 
alty imposed  by  law.  But  if  otherwise,  the  said  expense  shall  be  paid  by  the 
inspector,  if  he  acted  on  his  own  suspicion,  or  by  the  purchaser,  if  the  trial  was  made 
at  his  request. 

1882.  Prosecution.  Every  inspector  shall  endeavor  to  enforce  the  law  as  to  the 
inspection  of  commodities  of  which  he  is  inspector,  and  in  every  case  in  his  knowl- 
edge of  any  violation  thereof,  shall  inform  the  attorney  for  the  commonwealth  of 
his  county  or  corporation. 

1883.  Inspectors  not  to  trade  in  commodities  inspected;  penalties.  If  any  inspector, 
deputy  inspector,  or  culler  of  lumber,  trade  in  or  purchase,  otherwise  than  for  his 
own  consumption,  any  commodity  of  which  he  is  inspector  or'  culler,  he  shall  forfeit. 
if  an  inspector  of  flour,  corn  meal,  bread,  fish,  pork,  beef,  tar,  pitch,  or  turpentine, 
seven  dollars  for  every  barrel,  cask,  bag,  or  box,  or  for  every  five  bushels  of  salt  in 
bulk,  so  traded  in  or  purchased;  if  an  inspector  of  butter  or  lard,  live  dollars  for 
each  tub,  lirkin,  keg,  or  barrel;  and  if  an  inspector  of  lumber  or  hemp,  or  a  culler 
of  lumber,  one  hundred  dollars  for  every  such  offence,  lint  nothing  in  this  section 
shall  be  construed  to  prevent  an  inspector  or  culler  of  lumber  from  selling  any  com- 
modity which  he  may  have  received  in  payment  of  his  fees. 

1884.  Right  to  require  inspection.  The  acts  repealing  this  section  provide:  ''Noth- 
ing in  this  act  shall  deprive  the  vendor  or  the  purchaser  of  any  package  of  Hour  or 
fish  of  the  right  to  require  the  inspection  of  the  same  if  he  so  desires." 

Iss5.  Imitation  or  falsifying  of  brands.  If  any  person  willfully  use  or  imitate  the 
brand  or  mark  of  any  other  person  on  any  Buch  commodity,  or  pack  any  Buch  com- 
modity in  a  barrel,  cask,  box,  bag  or  bale,  tub,  lirkin,  or  keg.  previously  branded  or 
marked  with  the  name  or  brand  of  any  other  person,  or  alter  the  brand  or  mark 
made  by  an  inspector  on  such  commodity,  or  shift  or  change  the  contents  of  any  such 
barrel,  cask,  box,  bag  or  bale  after  it  has  been  inspected,  or  mark  or  brand  with  the 
brand  or  mark  of  the  inspector,  <>r  in  imitation  thereof,  any  not  inspected,  and  sell 
or  offer  to  sell  the  same,  he  shall  be  lined  twenty  dollars  for  every  such  offence. 

lss<>.  I 'malt;/  for  underweight,  li  any  person  sell,  or  offer  to  sell,  any  such  com- 
modity in  barrels,  of  other  package  or  parcel,  known  by  him  to  be  of  less  weight, 
size,  and  gauge  (after  allowing  lor  ordinary  shrinkage  and  loss  of  weight)  than  is 
required  by  law,  or  tban  is  marked  or  branded  thereon,  or  than  i-  stated  in  the  cer- 
tificate of  the  inspector  thereof,  h<-  shall  forfeit  ten  dollars  for  everj  such  barrel, 
package,  or  parcel  so  sold  or  offered  for  sale. 

L887.  Recovery  of  penalty.     If  any  penalty  hereinbefore  imposed  Bhall  be  recovered 

of  any  person  other  than  the  manufacturer  or  packer  of  the  article  for  any  default  of 
said  manufacturer  or  packer,  such  person  may  recover  the  amount  paid  by  him  from 
Mich  manufacturer  or  packer. 

L88S.  Penalty  for  neglect  or. omission  on  pari  of  inspector.  If  any  inspector  or  culler 
mark  or  brand  anj  barrel  <>r  other  package  of  any  Buch  commodity,  or  give  a  certifi- 
cate of  his  having  inspected  any  lumber  or  sail  in  bulk,  without  having  actually 
inspected  the  same,  or  pass  -i  brand  any  such  commodity  as  merchantable  which  he 
knows  to  be  unfit  to  [.ass  i  unless  ordered  by  re>  iewers,  according  to  law  (,  or  permit 
any  other  person  t«.  use  hi-  mark  or  brand  for  that  purpose,  or  be  guilty  of  any  wil- 
ful  neglect    Or   "ini  —  ion   of    his    dut\    a-    inspector,   he  shall    be    lined    fifty  dollai 

every  such  offence. 

|ss?>.  Tnspa -tor's  record;  toft manufacturer's  report.  Every  inspector  --hall  keepa 
book,  in  w  Inch  he  shall  enter  an  account  of  the  quantity  and  description  of  the  com- 
modities inspected  by  him;  and  each  manufacturer  of  -alt  Bhall  return  monthly,  to 


650  FOODS  AND  FOOD  CONTROL. 

the  inspector  of  salt  in  the  county,  city,  town,  or  district  to  which  he  belongs,  a 
statement  of  the  salt  removed  from  his  manufactory  without  being  inspected,  to  be 
entered  by  said  inspector  in  his  said  book. 

IsiM).  Inspector's  quarterly  statements.  Each  inspector  of  salt  shall  deliver  quar- 
terly, under  oath,  an  abstract  of  all  salt  so  inspected  by,  or  stated  to  him,  to  the 
clerk  of  the  court  of  his  county  or  corporation;  and  each  inspector  of  flour,  meal,  or 
bread  shall  publish,  quarterly,  a  statement  of  the  quantity  and  quality  of  the  said 
commodity  Inspected  by  him. 

Codes  of  1904,  vol.  1,  title  25,  eh.  84,  pp.  972-981. 

1844.  Appointment  of  various  inspectors.  Inspectors  may  be  appointed  of  any  of 
the  following  commodities,  to-wit:  flour,  corn  meal,  bread,  salt,  fish,  pork,  beef,  tar, 
pitch,  turpentine,  lumber,  hemp,  butter,  or  lard,  but  no  inspection  shall  be  required 
or  made  of  lumber  exported  from  the  state  by  the  party  who  shall  have  cut  the 
same  on  his  own  land,  except  at  the  request  of  such  party.  Such  appointment  shall 
be  made  annually,  in  September  or  October,  by  the  Governor,  for  the  several 
counties,  cities,  and  towns  in  which  it  may  be  necessary  to  appoint  such  inspectors. 
The  same  person  may  be  appointed  inspector  of  two  or  more  of  said  commodities; 
but  there  shall  not  be  in  the  same  city  or  town  more  than  one,  nor  in  the  same 
county  more  than  six  inspectors  of  the  same  commodity. 

1S45.  Vacancy.  In  case  of  a  vacancy  in  the  office  of  inspector,  the  Governor  shall 
appoint  one  for  the  residue  of  the  year. 

1S4(>.  Deputy  inspectors.  Any  inspector  (other  than  an  inspector  of  lumber),  with 
the  approbation  of  the  Governor,  may  appoint  one  or  more  deputies  to  assist  him, 
for  whose  acts  his  principal  shall  be  liable,  and  be  entitled  to  the  same  fees  as  for 
his  own. 

1S4N.  Removal  from  office.  The  Governor  may  remove  from  office  at  any  time  an 
inspector  or  deputy  inspector,  for  neglect  of  duty,  incapacity,  or  misconduct. 

Is45).  Inspection  districts.  Where  more  than  one  inspector  shall  be  appointed  in 
the  same  county  for  the  same  commodity,  the  court  shall  lay  off  the  county  into  as 
many  districts  as  there  are  inspectors,  and  assign  one  to  each  Inspector;  and  no 
inspector  shall  be  authorized  to  inspect  such  commodity  in  the  district  assigned  to 
any  other,  except  when  that  other  shall  fail,  on  being  required  by  the  owner, 
promptly  to  inspect  the  same. 

Code  of  1904,  vol.   I,  title  25,  <h.  84,  pp.  971-072. 

M  FAT. 
See  Flour,  etc.,  Inspection  law. 

e  \i/r. 

Bee  Flour,  etc,  I  Qspection  law. 

VINEGAR  A.\I>  CIDER. 
Is'.'sc.  i  l  i  Standard.     No  person  shall  manufacture,  produce,  sell,  keep  for  sale 

or  offer  lor  Bale  any  vinegar  w  hich  shall  not  have  ;in  acidity  equivalent  to  the  pres- 
ence of  at    least    four  and  one-half  per  centum   by  weight   of  absolute  acetic  acid,  or 

any  cider  vinegar  which  shall  have  less  than  such  amount  of  acidity  or  less  than  two 

per  centum  by  weight  of  cider  vinegar  solids  upon  full  evaporation  overboiling  water. 

(2)   Imitation  cider  vinegar.     No  person  shall  manufacture,  produce,  sell,  keep  for 

sale,  or  offer  for  sale  any  vinegar  or  product  in  imitation  or  semblance  of  cider  vinegar 

which  is  not  cider  vinegar. 

{:',)  8aU  of  imitation  cider  vinegar.  No  person  shall  sell,  keep  for  sale,  or  offer  for 
sale  as  or-  for  cider  vinegar  any  \  inegar  or  product  which  is  not  cider  vinegar. 


VIRGINIA.  651 

(4)  Injurious  ingredients.  No  person  shall  manufacture,  produce,  sell,  keep  for 
sale,  or  offer  for  sale  any  vinegar  which  shall  contain  any  preparation  of  lead,  cop- 
per, sulphuric  acid,  or  other  ingredients  injurious  to  health  or  any  artificial  coloring 
matter. 

(5)  Brand  for  cider  vinegar.  Every  manufacturer  or  producer  of  cider  vinegar 
shall  plainly  brand  on  each  head  of  the  cask,  barrel,  keg,  or  other  package  contain- 
ing such  vinegar  his  name  and  place  of  business  and  the  words  "cider  vinegar;" 
and  no  person  shall  label  or  brand  as  for  cider  vinegar  any  package  containing  vine- 
gar which  is  not  cider  vinegar. 

(6)  Penalty.  Whoever  by  himself  or  another  violates  any  of  the  provisions  of  any 
of  the  foregoing  sections  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars. 

(7)  Cider  vinegar  defined.  For  the  purpose  of  this  act  the  term  "cider  vinegar'' 
shall  be  understood  to  mean  vinegar  made  exclusively  of  pure  apple  juice.  Sections 
one,  two,  and  four  shall  not  apply  to  any  vinegar  or  produce  manufactured  or  in 
process  of  manufacture  at  the  time  of  the  passage  of  this  act,  but  the  provisions  of 
law  existing  at  the  time  of  the  passage  of  this  act  shall  apply  thereto. 

ls9Sd.  ( 1)  Branding  of  pure  apple  cider.  Every  person  selling  or  exposing  to  sale 
any  cider  which  is  composed  of  nothing  but  pure  apple  juice  and  such  ingredients 
as  may  be  necessary  to  preserve  same  shall  label  or  brand  so  as  to  be  conspicuously 
seen  by  the  buyer  each  and  every  barrel,  cask,  keg,  or  other  vessel  of  whate 
kind  in  which  the  same  is  kept  or  from  which  it  is  sold  or  otherwise  disposed  with 
the  won  Is  "pure  apple  cider." 

(2)  Branding  of '" chemical  cider. ^  Every  person  selling  or  exposing  to  sale  any 
cider  which  is  not  composed  of  pure  apple  juice  and  such  ingredients  as  may  be 
necessary  to  preserve  it  shall  label  or  brand  so  as  to  be  conspicuously  seen  by  tin- 
buyer  each  and  every  barrel,  cask,  keg,  or  other  vessel  of  whatsoever  kind  in  which 
it  is  kept  or  from  which  it  is  sold  or  otherwise  disposed  with  the  words  "chemical 
cider." 

(3)  Penalty.  Any  person  violating  the  provisions  of  the  foregoing  sections  or 
either  of  them  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty  dollars  nor  more  than  fifty  dollars. 

Code  of  1904,  vol.  1,  title  25,  ch.  84,  pp.  986-987. 

WATER. 

3813.  Penalty  for  polluting  water.  It  any  person  knowingly  orwilfully  cast  any 
dead  animal,  or  any  other  noxious  substance  or  matter,  or  what  is  commonly  known 

a>  bait,  into  any  water  course  of   the  state,  above  tide-water,  by  which  the  health 
of  any  person  along  said  water  course  is'  affected  or  the  water  is  rendered  impure  or 

Offensive,  be  shall  be  lined  nol  less  than  ten  QOr  more  than  fifty  dollars. 

8818a.  Defiling  of sources  of water  supply;  penalty.     It  shall  be  unlawful  except  as 
hereinafter  provided  tor  any  person  to  defile  or  render  impure,  turbid,  or  offensive 
the  water  used  for  the  supply  of  any  city  or  town  of  this  Mate  or  the  bouto 
stream-  used  for  furnishing  such  supply  or  to  endanger  the  purity  thereof  by  the 
following  means  or  any  of  them,  to  wit:  By  washing  or  bathing  therein,  orb] 

ing  into  any  spring,  well,  |>ond,  lake,  or  reservoir  from  which  such  supply  is  drawn. 

or  into  any  stream  so  usedorthe  tributary  thereof  above  the  point  where  Buch supply 

il  taken  out  of  such  stream  or  is   impounded  tor  the  purposes  of  sueh  supply,  or  into 
any  canal,  aqueduct,   or  other  channel   or  receptacle   for  water  connected  with   any 

work-  for  famishing  a  public  water  supply  any  offal,  dead  fish,  or  carcass  of  any 

animal,  or  any  human   or  animal   tilth  or  other  foul  Or  Waste  animal  matter,  or  any 

waste  vegetable  or  mineral  substance,  or  the  refuse  of  any  mine,  manufactory,  or 
L8622     v..  80,  pt  s— oti :i 


652  FOODS  AND  FOOD  CONTROL. 

manufacturing  process,  or  by  discharging  or  permitting  to  flow  into  any  such  source, 
spring,  well,  reservoir,  pond,  stream,  or  the  tributary  thereof,  canal,  aqueduct,  or 
other  receptacle  for  water  the  contents  of  any  sewer,  privy,  stable,  or  barn-yard,  or 
the  impure  drainage  of  any  mine,  any  crude  or  refined  petroleum,  chemicals,  or  any 
foul,  noxious,  or  offensive  drainage  whatsoever,  or  by  constructing  or  maintaining 
any  privy-vault  or  cesspool,  or  by  storing  manure  or  other  soluble  fertilizer  of  an 
offensive  character,  or  by  disposing  of  the  carcass  of  any  animal,  or  any  foul,  noxious, 
or  putreseible  substance,  whether  solid  or  fluid,  and  whether  the  same  be  buried  or 
not,  within  two  hundred  feet  of  any  water  course,  canal,  pond,  or  lake  aforesaid, 
which  is  liable  to  contamination  by  the  washing  thereof  or  percolation  therefrom: 
provided,  that  nothing  in  this  act  contained  shall  be  construed  to  authorize  the  pollu- 
tion of  any  of  the  waters  in  this  state  in  any  manner  now  contrary  to  law:  and  pro- 
vided, further,  that  this  act  shall  not  apply  to  streams  the  drainage  area  of  which 
above  the  point  where  the  water  thereof  is  withdrawn  for  the  supply  of  any  city  or 
town  or  is  impounded  for  the  purposes  of  such  supply  shall  exceed  fifty  square  miles. 

That  any  person  knowingly  or  wilfully  violating  the  terms  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  for  each  offence  by  a  fine 
not  exceeding  one  hundred  dollars  or  by  imprisonment  not  exceeding  thirty  days  or 
by  both  at  the  discretion  of  the  court:  and  provided,  further,  that  nothing  herein 
contained  shall  be  so  construed  as  to  prevent  the  washing  of  ore  or  minerals  in  any 
of  the  streams  or  waters  of  this  commonwealth  other  than  such  as  may  be  used  for 
the  water  supply  of  any  city  or  town. 

.'J^l.'Jb.  Dead  animals  placed  in  reservoirs,  etc.;  penalty .  Any  person  or  persons 
who  shall  knowingly  and  wilfully  throw  or  cause  to  be  thrown  into  any  reservoir  or 
other  receptacle  of  drinking  water  or  spring  or  stream  of  running  water  ordinarily 
for  the  supply  of  drinking  water  or  domestic  purposes  of  any  person  or  family, 
town  or  city  in  this  commonwealth  the  dead  body  of  any  animal,  or  shall  drown 
and  leave  or  cause  to  be  drowned  and  left  any  animal  therein  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  exceeding  one  hundred 
dollars  or  imprisoned  not  exceeding  six  months  or  both  at  the  discretion  <>i  the 
court  in  which  such  conviction  is  made. 

Code  of  1004,  vol.  2,  title  52,  ch.  186,  pp.  2036-2038. 

103*.  Municipal  jurisdiction  for  protection  of  waterworks.  In  addition  to  the  pow- 
ers conferred  by  other  general  Statutes,  the  council  of  every  city  and  town  shall  have 
power  *  *  *  to  prevent  the  pollution  of  the  water  and  injuries  to  the  water 
works,  for  which    purpose   their   jurisdiction   shall   extend    to   live  miles  above  the 

same;      *      *      *      . 

Oode  of  L904,  vol.  l,  title  L6,  eh,  44,  p.  498. 


WASHINGTON." 

The  food  laws  of  this  State  were  modeled  in  a  general  way  after  the 
proposed  National  laws,  to  which  so  much  attention  has  been  given.  The 
State  dairy  and  food  commissioner  is  charged  with  their  enforcement. 
It  is  made  the  duty  of  the  chemist  of  the  State  experiment  station  to 
examine  all  samples  referred  to  him  by  the  commissioner. 

In  reply  to  a  letter  of  inquiry,  the  following  statement  was  received 
from  Mr.  L.  Davies,  the  dairy  and  food  commissioner: 

Our  legislative  enactments  touching  the  pure-food  question  are  not  so  full  in  this 
State  as  might  be  desired,  but  as  far  as  they  go  they  have  been  very  well  enforced. 
One  thing  to  be  desired  especially  is  the  proper  labeling  of  our  food  packages,  and 
along  that  line  work  is  being  especially  directed  at  present. 

GENERAL  FOOD   LAWS. 

727.").  Diseased  or  unwholesome  provisions.     Every  person  who  shall  knowingly  sell 

any  kind  of  diseased,  corrupted,  or  unwholesome  provisions,  whether  for  meat  or 

drink,  without  making  the  same  fully  known  to  the  buyer,   shall,  on  conviction 

thereof,  be  imprisoned  in  the  county  jail  not  more  than  one  year,  and  be  lined  not 

eding  one  thousand  dollars,  or  fined  only. 

Ballinger's.  Annotated  Codes  and  statutes,  L897,  vol.  2. 

2865i.  (1)  Adulterated  food  prohibited.  Nbperson,  linn  or  corporation  shall,  within 
this  state,  sell,  offer  lor  sale,  have  in  his  possession  with  intent  to  sell,  or  manufacture 
for  Bale,  any  article  of  food  which  is  adulterated  within  the  meaning  of  this  act. 

(2)  Tains  "food"  and  "misbranded"  defined.  The  term  "food"  as  used  herein 
shall  include  all  articles  used  for  food,  drink  and  condiment  by  men,  whether  mixed, 
simple  or  compound.  The  term  "misbranded"  as  used  herein  includes  all  articles 
of  food  or  articles  which  enter  into  the  composition  of  food  or  condiment-,  the  pack- 
age or  label  of  which  shall  bear  any  statement  purporting  to  name  any  ingredient  or 
substances  nol  contained  in  such  article,  which  statement  shall  be  false  in  any  par- 
ticular, or  any  statement  purporting  to  name  the  substance  of  which  such  article 
is  made,  which  statement  shall  not  fully  give  the  names  of  all  the  substances  con- 
tained in  the  article  in  any  measureable  quantities,  or  which  names  as  a  single  article 

of  food  aUy  mixture   Or  compound.      The  term    "drink"    as   used    herein,  shall    not 

include  liquids  containing  two  per  cent  or  more  of  alcohol. 

(8)  Adulteration  defined.  That  for  the  purpose  of  this  act  an  article  shall  be  deemed 
adulterated  in  the  case  of  foods  or  drinks — 

■  .  It'  any  Bubstance  or  substances  has  or  have  been  mixed  and  packed  with  it 
so  as  to  n  duce  or  lower  or  injuriously  affect  its  quality  or  strength  so  that  such  pn  d- 
uct  when  offered  for  sale  shall  deceive  or  tend  to  deceive  the  purcha 

2d),  [f  any  inferior  or  cheaper  substance  or  substances  has  or  have  been  substi- 
tuted wholly  or  in  pari  for  the  article  so  that  the  product  when  Bold  shall  deceive  or 
tend  to  deceive  the  pure!:. 


o The  dairy  law  given  in  Bailing© i  ted  Codes  ai  vol.  I,  sections 

2842  28<  •.  is  omitted,  as  its  repeal  api>ears  to  have  been  intended  by  the  passi 

the  law  Of  Man!:  7.    1899. 


654  FOODS    AND    FOOD    CONTROL. 

.  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part 
abstracted  BO  that  the  product  when  sold  shall  deceive  or  tend  to  deceive  the 
purchaser. 

i  4th  ).   If  it  be  an  imitation  of  or  sold  under  the  specific  name  of  any  other  article. 
">ih  i.   If  it  be  mixed,  colored,  coated,  powdered  or  stained  in  a  manner  whereby 
damage  or  inferiority  is  concealed,  so  that  such  product  when  sold  shall  deceive  or 
tend  to  deceive  the  purchaser. 

(6th).   If  it  contains  any  added  poisonous  ingredients  or  any  ingredients  which 
may  render  such  article  injurious  to  the  health  of  the  persons  consuming  it. 

7th).  If  it  be  misbranded,  labeled  or  branded  bo  as  to  mislead  or  deceive  the 
purchaser. 

8th).  If  it  consists  of  the  whole  or  any  part  of  a  diseased,  filthy,  decomposed,  or 
putrid  animal  or  vegetable  substance  or  any  portion  of  any  animal  unfit  for  food, 
whether  manufactured  or  not,  or  if  it  is  the  product  of  a  diseased  animal  or  of  any 
animal  that  has  died  otherwise  than  by  slaughter:  Provided,  That  an  article  of  food 
which  does  not  contain  any  added  poisonous  ingredient  shall  not  be  deemed  to  be 
adulterated  in  the  following  cases:  First,  in  the  case  of  mixtures  or  compounds  which 
may  l>e  now  or  from  time  to  time  hereafter  known  as  articles  of  food  under  coined 
oamee  and  not  included  under  definition  four  of  this  section.  Second,  in  the  ca 
articles  labeled,  branded  or  tagged  so  as  to  plainly  indicate  that  they  are  mixture-. 
compounds,  combinations,  imitations  or  blends:  Provided,  That  the  same  shall  be 
labeled,  branded  or  tagged  so  as  to  show  the  character  and  constituents  thereof. 
Third,  when  any  article  or  ingredient  has  been  added  to  foods  because  the  same  is 
required  for  the  preparation  or  production  thereof  as  an  article  of  commerce,  in  a 
state  tit  for  carriage,  consumption,  and  not  fraudulently  to  increase  the  bulk,  weight 
or  measure  of  the  food,  or  conceal  the  inferiority  thereof:  Provided  further,  That  no 
dealer  shall  be  convicted  under  the  provisions  of  this  acl  if  he  shall  prove  a  written 
guaranty  of  purity  in  a  form  approved  by  the  dairy  and  food  commissioner:  And 
provided  further ,  That  the  guarantor  is  a  resident  of  the  state  of  Washington.  Fourth, 
when  food  is  inevitably  mixed  with  some  extraneous  substance  in  the  process  of 
collection  or  preparation. 

•    (4)  Guaranty.  The  guaranty  referred  to  in  subdivision  eight  of  section  3  herein, 
shall  contain  the  full  name  and  address  of  the  person,  firm  or  corporation  making  the 

.-ale  to  the  dealer,  and  such   person,  firm  or  corporation  shall  be  held   liable  to  all 
CUtions,  lines  and  other  penalties  which  would  attach  to  the  dealer  under  the 
provisions  of  this  act. 

(5)  Seizure  of  Ulegcd  products.     Possession  by  any  person,  firm  or  corporation  of  any 

article  of  food,  the  sale  of  which  is  prohibited  by  this  act,  or  being  the  consignee 

thereof,  shall  beprimafacu  evidence  that  the  same  is  kept  or  shipped  to  the  said 

a,  firm  or  corporation  in  violation  of  the  provisions  of  this  act,  and  the  hairy 

and  Pood  <  'ommissioner  is  hereby  authorized  to  seize  upon  and  take  into  his  pi 

sion  such  article-  of  food  and  thereupon  apply  to  the  Superior  ( lourt  of  the  ( lounty 

in  whicb  BUCh  food  i>  seized  for  an  order  directing  him  to  dispose  of  or  sell  the  same 

and  apply  the  proceeds  to  the  general  fund,  Less  the  amount  required  to  reimburse 
the  purchaser  for  actual  I---  a-  shown  by  the  bill,  provided  he  or  they  have  a  guar- 
antee as  required  bisection  I;  Provided, however,  That  the  said  hairy  and  Food  Com- 
missioner-shall first  give  notice  to  the  person,  linn  or  corporation  in  whose  DOG 
such  g  found,  or  if  the  same  are  found  in  the  possession  of  a  common  car- 
rier, then  to  the  consignee  of  such  f 1,  notifying  such  person,  firm  or  corporation 

that  he  has  seized  the  said  I Is  and  the  reai  >ns  therefor,  and  that  he  ha-  made  an 

application  to  the  Superior  (  'on  it   for  an  order  to  -ell  or  dispose  of  the  .-anie.  and  that 

he  will  call  up  said  application  for  hearing  on  a  day  certain,  \\  bicb  shall  noi  I  i 
than  ten  days  from  the  »  ich  notice,  and    thai  at    the  hearing  of  said  appli- 

cation tic  .ii,  firm  or  corporation  shall  .-how  cause,  if  any  they  have,  why 


WASHINGTON.  655 

the  prayer  of  the  petition  should  not  be  granted.  Upon  the  hearing  of  said  petition 
the  affidavits  or  oral  testimony  may  be  introduced  to  establish  the  contention  of  the 
respective  parties.  Hearing,  however,  may  be  had  at  an  earlier  day  by  mutual  consent 
of  the  parties  to  said  application. — As  amended  March  2,  1905,  Laws  of  1905,  ch.  51, 
pp.  80-81. 

(6)  Sampling.     Every  person  selling,  exhibiting  or  offering  for  sale,  manufacturing 
or  having  in  his  possession  with  intent  to  sell  or  serve,  or  delivering  to  a  purchaser, 
any  article  of  food  included  in  the  provisions  of  this  act,  shall  furnish  to  any  ; 
demanding  the  same,  who  shall  apply  to  him  for  the  purpose  and  shall  tender  him 
the  price  at  which  the  article  of  food  is  sold,  a  sample  sufficient  for  the  anal 
any  such  article  of  food  which  is  in  his  possession. 

All  food  packages  shall  be  marked,  stenciled  or  branded  on  the  package  in  a  con- 
spicuous manner  with  the  name  of  the  purporting  contents. — As  amended  March  2, 
1905,  Laws  of  1905,  ch.  51,  pp.  81-82. 

Sec.  7.  State  food  commissioner;  salaries.  The  state  dairy  commissioner  shall  also 
be  the  state  food  commissioner  and  shall  be  known  as  the  dairy  and  food  commis- 
sioner, and  he  shall  receive  in  addition  to  his  salary  as  state  dairy  commissioner  $600 
per  year  as  extra  compensation  for  enforcing  the  provisions  of  this  act.  He  shall 
also  have  power  to  appoint  such  deputies  as  may  be  necessary,  and  pay  therefor  not 
to  exceed  three  dollars  per  day:  Provided,  however,  That  the  aggregate  services  of  all 
deputies  employed  by  him  shall  not  exceed  the  appropriation  made  therefor. 

Sec.  B.  '  hemist.  It  shall  be  the  duty  of  the  chemist  of  the  state  agricultural 
experiment  station  to  analyze  any  and  all  substances  that  the  dairy  and  food  com- 
missioner may  send  to  him,  and  report  to  the  commissioner,  without  unnecessary 
delay,  the  result  of  any  analysis  so  made  and  when  called  upon  by  the  said  commis- 
sioner, the  chemist  shall  assist  in  the  prosecution  of  violations  of  the  law  by  giving 
testimony  as  an  expert  or  otherwise. 

Sec.  '.'.   Prosecutions.     It  shall  be  the  duty  of  the  attorney  general  and  the  | 
cuting'attorney  in  any  county  in  this  state,  when  called  upon  by  the  dairy  and  food 
commissioner,  to  render  any  legal  assistance  in  their  power  to  execute  the  law  and 
prosecute  the  case  arising  under  the  provisions  of  this  act;  Provided,  That  the  dairy 
and  food  commissioner  may  employ  special  counsel. 

8bc.  10.  Inspection  of  hotels,  institutions,  etc  The  dairy  and  food  commissioner  or 
his  deputies,  -hall  ha'.-  power  in  the  performance  of  their  official  duties  to  enter 
any  restaurant,  eating  house,  hotel,  public  conveyance,  public  or  private  hospitals, 
asylum,  school,  eleemosynary  or  penal  institution,  where  foods  are  served,  and  take 
for  analysis  any  article  of  food  or  ingredients  which  enter  into  the  composition  of  the 
food  there  used.  Any  article-  of  food  or  ingredients  which  enter  into  the  composi- 
tion of  foods  therein  used  and  BO  taken,  if  found  to  he  adulterated,  shall  he  prima 
fade  evidence  thai  the  same  is  kepi  to  be  used  or  served  to  patrons,  guests,  ho 
or  inmates  of  such  institution,  and  the  person,  firm  or  corporation  owning  and  oper- 
ating restaurant,  said  eating-house,  hotel,  public  conveyance,  publico!  private  hos- 
pital, asylum,  school,  eleemosynary  or. penal  institution,  and  having  in  his  or  its 
possession  adulterated  foods,  shall  he  deemed  to  have  such  adulterated  I 
trary  n>  the  provisions  of  this  act 

Sac.  11.  Penalties.  Every  person,  firm  or  corporation  violating  the  provisions  of 
this  a«  i  "i-  refusing  to  comply  upon  demand  with  any  of  the  provisions  thereof,  shall 
he  guilty  of  a  misdemeanor,  and  upon  conviction  Bhall  be  fined  not  less  than  twenty- 
five  dollars  ($25)  and  not  to  exceed  one  hundred  dollars   $100  .  or.  in  second 

be  imprisoned  nol  Less  thirty  days a  and  qoI  t<>  exceed  ninety  da] 
both  Buch  tine  and  imprisonment     Any  person  found  guilty  of  Belling,  offering  for 
Bale,  having  in  his  possession  with    intent  to  sell  or  serve,  or  manufartur: 


i!  Statutes. 


656  FOODS  AND  FOOD  CONTROL. 

any  adulterated  article  of  food  under  the  provisions  of  this  act,  shall  pay  in  addition 
to  the  penalties  herein  provided  for.  all  necessary  costs  and  expenses  incurred  in 
inspecting  and  analyzing  such  adulterated  articles  of  food  in  addition  to  the  costs  of 
such  action:  Provided,  That  all  penalties  and  costs  for  the  violation  of  the  provisions 
of  this  act  shall  be  paid  to  the  board  of  state  dairy  and  food  commission,  or  to  their 
\  and  by  them  paid  into  the  state  treasury  and  applied  to  the  general  fund. 
_     v        board  of  dairy  and  food  commission.     The  state  hoard  of  dairy  com- 
ae    n  ex  officio  shall  be  the  state  board  of  dairy  and  food  commission  and  said 
board  shall  hereafter  be  known  and  described  as  the  "state  board  of  dairy  and  food 
commission." 

-  .  13.  Expenses.  All  expenses  incurred  under  the  provisions  of  this  act  shall  be 
paid  out  of  the  general  fund,  and  shall  be  audited  by  the  state  auditor  upon  bills 
being  presented,  appropriately  certitied  by  the  board  of  dairy  and  food  commission, 
and  the  state  auditor  shall  from  time  to  time  draw  warrants  upon  the  state  treasury 
[treasurer]  for  the  amounts  audited. 

Bbc.  14.  Report  of  coiiimissioner.  The  dairy  and  food  commissioner  shall  publish 
each  month  a  report  of  the  work  of  his  office,  including  the  brand,  name  and  address 
of  manufacturer,  analysis  and  fines  of  foods  found  to  be  adulterated. 

15.  Law  repealed.  An  act  entitled  "An  act  to  provide  against  the  adultera- 
tion of  food,"  approved  March  13,  1S99,  is  hereby  repealed. 

Approved  March  16,  1901.  Laws  of  1901,  ch.  94,  p.  194;  Ballinger's  Annotated 
Codes  and  Statutes  Supplement  1899-1903,  pp.  313-317. 

1.  Addition  of  formaldehyde,  etc.,  a  felony;  penalty.  Any  person  who  shall 
sell,  offer  to  sell,  or  have  in  his  possession  for  the  purpose  of  sale,  either  as  owner. 
proprietor,  or  assistant,  or  in  any  manner  whatsoever,  whether  for  hire  or  other- 
wise, any  milk  or  any  loud  products,  containing  the  chemical  ingredient  commonly 
known  as  formaldehyde,  or  in  which  any  formaldehyde  or  other  poisonous  sub- 
Btance  has  been  mixed,  for  the  purpose  of  preservation  or  otherwise,  shall  be  guilty 
of  a  felony,  and  upon  conviction  thereof  shall  be  imprisoned  in  the  penitentiary  for 
the  period  of  not  less  than  01  •  IT  nor  more  than  thn  MS. 

2     E  in,  id.     This  act  shall   be  supplementary  to  the  laws  of  this  -tale 

now  in  force  prohibiting  the  adulteration  of  food  and  fraud  in  the  sale  thereof;  and 
the  state  dairy  and  food  commissioner,  the  chemist  of  the  state  agricultural  ex- 
periment station,  t.  ueral  and  the  prosecuting  attorneys  of  the 
il  counties  of  this  slate  are  hereby  required,  without  additional  compensation, 
gist  in  the  execution  of  this  act,  and  in  the  prosecution  of  all  persons  charged 
with   the  violation  thereof,  in   like  manner  and  with   like  powers  as  they  are  now 

authorized  and  required  by  law  to  enforce  the  laws  of  this  state  against  the  adulter- 
ation of  food  and  fraud  in  the  sale  thereof. 

»ved  March  2,  1906.     U  15,  ch.  60,  pp.  7 

BREAD/  !  !' 

*Js<)">j.  Sanitation  of  bakeries;  penalties.  Ail  buildings  or  rooms  occupied  as  biscuit, 
bread  or  cake  bakeries  .-hall  be  drained  or  plumbed  in  a  manner  conducive  to  the 
proper  healthful  and  sanitary  condition  thereof,  and  constructed  with  air  shafts  and 
window.-  or  ventilating  pip<  s  sufficient  to  insure  ventilation  as  the  commissioner  of 

labor  shall  direct,  and  no  cellar  or  basement,  not  now  used  as  a  bakery,  shall  here- 
after be  used  and  occupied  SS  B  bakery  and  a  cellar  or  basement  heretofore  occupied 
as  a  bakery  shall,  when  one-  closed,  not  be  reopened  for  '^•-  as  a  bakery.  *  *  * 
ry  room  used  for  the  manufacture  of  flour  or  meal  food  shall  beat  least  eight 
feet  in  height,  the  side  walls  of  such  room  shall  be  plastered  or  wainscoted,  the  ceil- 


WASHINGTON. 

ing  plastered  or  ceiled  with  lumber  or  metal,  and  it  required  by  the  commissioner  of 
labor,  shall  be  whitewashed  at  least  once  in  three  months;  the  furniture  and  utensils 
of  such  room  shall  be  so  arranged  as  to  be  easily  moved  in  order  that  the  furniture 
and  floor  may  at  all  times  be  kept  in  proper  healthful  sanitary  condition. 

The  manufactured  flour  or  meal  food  products  shall  be  kept  in  perfectly  dry  and 
airy  rooms,  so  arranged  that  the  floors,  shelves  and  all  other  facii:  storing 

the  same  can  be  easily  and  perfectly  cleaned. 

The  sleeping  places  for  persons  employed  in  a  bakery  shall  be  kept  separate  from 
the  room  or  rooms  where  flour  or  meal  food  products  are  manufactured  or  stored. 

After  an  inspection  of  a  bakery  has  been  made  by  the  commissioner  of  labor  and 
it  is  found  to  conform  to  the  provisions  of  this  act,  said  commissioner  shall  issue  a 
certificate  to  the  owner  or  operator  of  such  bakery,  that  it  is  conducted  in  compli- 
ance with  all  the  provisions  of  this  act,  but  where  orders  are  issued  by  said  commis- 
sioner to  improve  the  condition  of  a  bakery,  no  such  certificate  shall  be  issued  until 
such  order  and  the  provisions  of  this  act  have  been  complied  with. 

The  owner,  agent  or  lessee  of  any  property  affected  by  the  provisions  of  this  act, 
shall,  within  thirty  days  after  the  service  of  notice  upon  him,  of  an  order  issued  by 
the  commissioner  of  labor  requiring  any  alterations  to  be  made  in  or  upon  each 
premises,  comply  therewith,  or  cease  to  use  or  allow  the  use  of  such  premis. 
bake  shop;  such  notice  shall  be  in  writing  and  may  be  served  upon  such  owner. 
agent,  or  lessee,  either  personally  or  by  mail,  and  a  notice  by  registered  letter,  post- 
age prepaid,  mailed  to  the  last  known  address  of  such  owner,  agent,  or  lessee  shall 
be  deemed  sufficient  for  the  purposes  of  this  act#    *    *    * 

Any  person  who  violates  the  provisions  of  this  act  or  refuses  to  comply  with  the 
requirements  of  the  commissioner  of  labor,  as  provided  herein,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  before  any  court  of  competent  jurisdiction, 
shall  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars  or  imprisoned  not 
more  than  ten  days  for  the  first  offense;  and  shall  be  fined  not  less  than  fifty  nor 
more  than  one  hundred  dollars  and  imprisoned  not  less  than  ten  nor  more  than 
thirty  days  for  each  offense  after  the  first 

Ballinger's  Annotated  Codes  and  Statutes,  Supplement  1899-1903,  pp.  317-318. 

Shc.  1.  Unlawful  to  add  poison*  to  bread,  etc  It  shall  be  unlawful  for  any  person  to 
Bell,  offer  for  sale,  use,  distribute,  or  leave  in  any  place,  any  crackers,  biscuit,  bread 
or  any  other  preparation  resembling  or  in  similitude,  of  any  edible  product,  contain- 
ing arsenic,  strychnine  or  any  other  poison. 

2.  Penalty.  Any  person  violating  the  provisions  of  this  act  shall  upon  con- 
viction be  punished  by  a  line  of  not  less  than  ten  $10.00  dollars  nor  more  than  live 
hundred  dollars  ($500.0 

Approved  March  9,  L905.     Law-  of  L906,  ch.  141,  p.  \ 

DAIRY    PRODI  l 

2842.  I  I  Tmpun  or  adulterated  milk.  It  shall  be  unlawful  for  any  person  to  sell  or 
offer  for  sale,  or  furnish  or  deliver  t«>  any  creamery,  cheese  factory,  corporation,  per- 
son <>r  persons  w  batsoever,  as  pure,  wholesome  and  unskimmed,  any  unmerchantable, 
adulterated,  skimmed,  impure  or  unwholesome  milk. 

2s4:{.  (2)  Impure  or  adulterated  milk  defined.  In  all  prosecution- or  other  proceed- 
ings under  this  or  any  other  law  of  this  state,  relating  to  the  Bale  or  furnishing 
milk,  if  it  shall  be  proven  that  the  milk  sold  or  offered  for  sale,  or  furnished  <>r 
delivered  or  had  in  possession  with  intent  to  sell  or  offer  for  sale,  or  to  furnish  or 
deliver,  as  aforesaid,  as  pure,  wholesome  or  unskimmed  milk,  contain  Less  than 
three  per  centum  of  pure  batter  fat,  or  less  than  eight  per  centum  of  milk  solids 
other  than  fat,   when  subject  to  chemical  analysis  or  other  satisfactori    U  -■ 


658  FOODS    AND    FOOD    CONTKOL. 

that  it,  or  any  part  of  it,  was  drawn  from  cows  known  by  the  person  complained 
of,  to  have  been  within  fifteen  days  before  or  four  days  after  parturition,  or  to  have 
any  disease  or  ulcere,  or  other  running  sores,  then  and  in  either  case,  the  said 
milk  shall  be  held  and  judged  to  be  unmerchantable,  adulterated,  impure,  or 
unwholesome,  as  the  case  may  be,  and  if  it  shall  appear  that  cows  kept  for  the  pro- 
duction of  milk,  or  cream,  for  market  or  for  sale  or  exchange,  or  for  manufacturing 
their  milk  into  articles  of  food,  are  kept  in  a  crowded  or  unhealthy  condition,  or  are 
being  fed  on  distillery  waste  or  other  substance  in  a  state  of  putrefaction  or  rotten- 
ar  upon  any  substance  of  an  unhealthful  nature,  the  milk  or  cream  from  same 
ie  hereby  declared  impure  and  unwholesome.  Any  milk  or  cream  from  the  same 
that  has  been  exposed  to  or  contaminated  by  emanations,  discharges  or  exhalations 
from  persons  or  animals,  or  to  which  has  been  added  any  borax,  boracic  acid,  saly- 
cillic"  acid,  or  any  other  poisonous  substance  which  prevents  or  tends  to  prevent  the 
normal  bacterial  actions  of  milk,  is  hereby  declared  to  be  impure  and  unwholesome. 
2S44-.  (3)  Cheese  brands.  The  Washington  state  dairy  commissioner  is  hereby 
authorized  and  directed  to  procure  and  issue  to  the  cheese  manufacturers  of  the 
state,  and  under  any  regulations  as  to  the  custody  and  use  thereof  as  he  may  prescribe, 
a  uniform  stencil  brand  bearing  a  suitable  device  or  motto  and  the  words  "  AVashing- 
ton  State  Full  Cream  Cheese."  Every  brand  issued  shall  be  used  on  the  outside  of 
the  cheese,  and  shall  have  a  different  number  for  each  separate  manufactory,  and 
the  commissioner  shall  keep  a  book  in  which  shall  be  registered  the  name,  Location 
and  number  of  each  manufactory  using  the  said  brand,  and  the  name  or  names  of 
tin-  persons  at  each  manufactory  authorized  to  use  the  same.  It  shall  he  unlawful  to 
use  or  permit  such  stencil  brand  to  be  used  upon  any  other  than  full  cream  cheese  or 
packages  containing  the  same,  and  such  cheese  only  a-:  shall  contain  thirty  per  cen- 
tum of  pure  butter  fat  and  have  been  manufactured  from  pure  and  wholesome  milk, 
from  which  no  portion  of  the  butter  fat  shall  have  been  removed  by  skimming  or  by 
other  process,  and  in  the  manufacture  of  which  neither  butter  nor  any  substance  for 
butter,  or  any  animal  or  vegetable  fats  or  oils,  have  been  used,  or  any  fat  which  has 
been  extracted  from  milk  in  any  form  and  returned  for  the  purpose  of  filling  said 
cheese,  shall  be  stamped  with  the  "state  brand."  All  cheese  containing  less  than 
thirty  per  centum  of  pure  butter  fat  shall  be  marked  "skimmed  cheese"  in  full-face 
capital  letters  not  less  than  one  inch  high,  with  such  ink  as  is  not  easily  removed  by 
moisture.  The  manufacture  or  sale  of  any  cheese  containing  less  than  fifteen  per 
centum  of  pure  butter  fat,  or  so-called  "tilled  cheese,"  is  hereby  prohibited:  Pro- 
vided, Thai  nothing  in  this  section  shall  be  construed  to  apply  t"  Edam,  Brickstein, 
Pineapple,  [imburger,  Swiss  or  hand-made  cheese,  or  an;  other  fancy  cheese:  Pro- 
vided further,  Thai  cheese  nol  made  in  this  state,  but  which  shall  besold  or  offered 
for -ale  in  this  state,  shall  be  BQ  Stamped  as  to  indicate  its  t  rue  character:  And  pro- 
i  uh  ,i  furih*  r,  Thai  do  cheese  shall  be  stamped  "  full  cream  "  w  lii.h  does  not  in  every 
particular  comply  with  the  requirements  of  " Washington  full  cream"  cheese,  as 

hereinbefore  Bel  forth,  except  as  to  place  of  manufacture. 

Mhi.  in   Reports  from  creameries,  cheese  factories,  etc.    The  dairy  commissioner 
shall  furnish  blanks  to  ail  proprietors  or  managers  of  creameries,  cheese  factories,  or 

milk   dairies   that    ship   milk  and   all    the   vendors  and   peddlers  of  milk  within   the 

ior  the  purpose  of  makings  report  of  the  amount  of  milk  and  dairy  goods 
handled,  and  all  <>w  tiers  <-r  managers  of  such  creameries  and  cheese  factories,  and  all 

milk  dairies,  milk  vendors  Or  milk  peddlers,  shall  till  out  the  blank,  giving  a  full  and 

accurate  repoii  of  the  business  done  during  the  year,  and  send  it  to  the  dairy  com- 
missioner before  the  firsl  day  of  November  of  each  j  ear,  every  person  or  corporation 
who  shall  engage  in  the  business  of  purchasing  or  dealing  in  milk  shall  attach  in  a 
permanenl  manner  to  each  can  furnished  by  him  or  it  to  the  producer  a  tag  contain- 

"So  in  Statute-. 


WASHINGTON.  6  5  9 

ing  in  plain  figures  a  correct  statement  of  the  capacity  thereof.  Any  neglect  or 
failure  or  false  statement  on  the  part  of  any  proprietor  or  manager  of  such  creamery, 
cheese  factory,  dairy  or  milk  vendor  or  milk  peddler,  shall  be  considered  a  mi-de- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  as  provided  i 
tion  13:  Provided,  That  any  information  thus  furnished  shall  be  published  only  in 
such  forms  as  to  show  totals  and  averages,  and  not  the  details  of  the  business  of  any 
individual  or  concern. 

2846.  (5)  Regulating  use  of  imitation  butters.  No  person,  by  himself,  his  agents 
or  his  servants,  shall  render  or  manufacture,  sell,  offer  for  sale,  expose  for  sale,  or 
have  in  his  possession  with  intent  to  sell  or  serve  for  patrons,  guests,  boarders  or 
inmates  of  any  hotel,  eating  house,  restaurant,  public  conveyance  or  boarding  house 
or  public  or  private  hospital,  asylum,  school  or  eleemosynary  or  penal  institution, 
any  article,  product  or  compound  made  wholly  or  partly  out  of  any  fat,  oil  or  oleag- 
inous substance  or  compound  thereof,  not  produced  directly  and  wholly  at  the  time 
of  manufacture  from  unadulterated  milk  or  the  cream  from  the  same,  with  or  with- 
out harmless  coloring  matter,  which  shall  be  in  imitation  of  yellow  butter  produced 
from  pure,  unadulterated  milk  or  the  cream  from  the  same:  Provided,  That  nothing 
in  this  act  shall  be  construed  to  prohibit  the  manufacture  and  sale  of  oleomargarine 
in  a  separate  and  distinct  form,  and  in  such  manner  as  will  advise  the  consumer  of 
its  real  character,  free  from  coloration  or  ingredient  that  causes  it  to  resemble  butter. 
or  the  use  of  the  same  by  patrons,  guests,  boarders  or  inmates  of  any  fcotel,  eating 
house,  restaurant,  public  conveyance  or  boarding  house,  when  signs  are  displayed  in 
a  conspicuous  place  that  may  be  easily  read  from  any  part  of  the  room. 

*2s47.  (<> )  Pure  cheese.  It  shall  be  unlawful  for  any  person  to  sell,  or  offer  for  sale 
or  exchange,  or  have  in  his  possession  for  sale,  any  cheese  containing  any  substance 
except  salt,  rennet  and  harmless  coloring  matter,  other  than  that  produced  from 
pure  milk  or  cream,  or  both,  or  from  pure  skimmed  or  pure  half-skimmed  milk. 

'Js-iS.  (~)  Dairy  commissioner.  There  shall  be  appointed  by  the  governor,  by 
and  with  the  consent  and  advice  of  the  senate,  one  competent  person  who  shall  be 
denominated  the  dairy  commissioner,  whose  term  of  office  shall  continue  four  years 
from  and  after  the  first  Monday  in  April  after  his  appointment,  subject  to  removal 
for  cause  by  the  governor,  or  until  his  successor  be  appointed  and  qualified. 

2s-h>.  (8)   ( 'omm'issioni  r'a  ho, id.     Before  entering  upon  his  duties  said  dairy  com- 

>ner  shall  file  with  the  secretary  of  siatc  a  good  and  sufficient  bond  in  the  sum 

of  five  thousand  dollars  ($5,000)  conditioned  for  the  faithful  discharge  of  his  duties 

under  this  act. 

2s.")().  (9)  Appointment  of  deputies.  Said  dairy  commissioner  may  appoint  one 
or  more  deputies  whenever  he  is  unable  to  perform  all  the  duties  of  his  office  with- 
out assistance.  They  shall  hold  office  at  the  pleasure  of  the  dairy  commissioner 
who  may  summarily  remove  any  such  deputy  whenever  in  his  judgment  the  public 
service  calls  for  Buch  removal.— •wla  amended  March  6y  t906.  Lous  of  1906,  ch.  '.<:, 
p.  196. 

2851.  (10)  Duties  of  commissioner.  It  shall  be  the  duty  of  the  dairy  commissioner 
to  devote  his  entire  time  and  attention  to  the  daiiy  interest  of  the  state  of  Washing- 
ton, to  enforce  all  law-  that  QOW  exist  or  that  may  he  hereafter  enacted  in  this  state 

ding  the  production,  manufacture  or  Bale  of  dairy  produce,  and  personally  to 
inspect  any  articles  of  milk,  butter,  cheese,  or  imitation-  thereof,  made  or  offered 

tie  within  the  Btate,  which  he  may  Buspect  or  have  reason  to  believe  to  be 
impure,  unhealthful,  adulterated  or  counterfeit;  and  to  prosecute  or  cause  to  be  prose- 
cuted any  person  or  persons,  firm  or  firms,  corporation  or  corporations  engaged  in 
the  manufacture  or  sale  of  any  adulterated  or  counterfeit  dairy  product-  contrarj 

to  law. 

2852.  Mi  Analyses,     tt  shall  be  the  daty  of  the  chemist  of  any  state  institution  to 

tly  analyze,  wit  lent  extra  compensation,  and  w  iihout  other  charge  to  the  .-tat  e 
L8622— No.  89,  pt  B    06 4 


660  FOODS  AND  FOOD  OONTKOl! 

than  necessary  traveling  expenses,  any  and  all  substances  that  the  dairy  commis- 
sioner may  Bend  to  any  of  them  and  to  report  to  him  without  unnecessary  delay  the 
of  any  analysis  so  made,  and  when  called  upon  by  said  dairy  commissioner, 
any  such  chemist  shall  assist  him  in  prosecuting  violators  of  the  law,  by  giving  testi- 
mony, either  expert  or  otherwise. 

-*~)2&.  (12)  Inspection  and  sampling.  The  dairy  commissioner  or  his  deputies  shall 
have  power,  in  the  performance  of  their  official  duties,  to  enter  any  creamery, 
cheese  or  condensed  milk  factory,  store,  salesroom,  warehouse,  or  any  place  or 
building  where  he  has  reason  to  believe  that  any  dairy  products  or  imitations  of 
dairy  prodncts  are  kept,  made,  prepared,  sold,  or  offered  for  sale  or  exchange;  and 
D  any  cask,  tub,  package  or  receptacle  of  any  kind,  containing  or  supposed  to 
contain  any  such  article,  and  to  examine  or  cause  to  be  examined  and  analyzed,  the 
contents  thereof;  he  may  seize  or  take  any  such  article  for  analysis:  Provided,  That 
if  the  person  from  whom  such  sample  is  taken  shall  request  him  to  do  bo,  he  shall 
at  the  same  time  and  in  the  presence  of  the  person  from  whom  such  property  was 
taken,  seal  up  two  samples  of  the  articles  seized  or  taken,  one  of  which  shall  be  for 
examination  or  analysis  under  the  direction  of  said  commissioner,  and  the  other  of 
which  shall  be  delivered  to  the  person  from  whom  the  article  i<  taken. 

2855.  (13)  Penalties  for  violating  /""■  or  obstructing  enforcement.  Any  person  who 
shall  violate  any  of  the  provisions  of  this  act,  or  who  shall  obstruct  the  dairy  com- 
missioner in  the  performance  of  his  duties  under  this  act  by  refusing  him  entrance 
to  any  place  enumerated  in  the  preceding  section,  or  by  refusing  to  deliver  to  him 
any  dairy  products  or  imitations  thereof  upon  demand,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  tine  of  not  Less 
than  twenty-five  dollars  ($25),  nor  more  than  one  hundred  dollars  ($100),  or  by 
imprisonment  for  not  less  than  one  month  or  more  than  six  (6)  months,  or  by  both 
such  fine  and  imprisonment. 

2857.  (14)  Salary  of  commissioner.     The  dairy  commissioner  shall   receive  an 
annual  Salary  of  twelve  hundred  dollars  ($1,200)  and  his  necessary  expenses  in  the 
discharge  of  his  duties  under  this  act:  Provided,  That  such  expenses  -hall  not  ea 
one  thousand  dollars  ($1,000). 

2858.  (15)  Prosecutions.  It  shall  be  the  duty  of  the  attorney  general  or  the  prose- 
cuting attorney  in  any  county  of  the  state,  when  called  upon  by  the  dairy  commis- 
sioner, to  render  any  Legal  assistance  in  their  power  to  execute  the  laws  and  to  prose- 
cute cases  arising  under  the  provision-  of  this  act:  Provided,  That  the  dairy  commis- 
sioner may  employ  special  counsel  when  necessary. 

2859.  i  L6)  State  board  of  dairy  commissioners.  The  secretary  of  state,  the  professor 
of  agriculture  of  the  agricultural  college  and  the  dairy  commissioner  are  hereby 
created  a  state  hoard  of  dairy  commissioners  i  i  officio. 

2860.  i  17)  Expenses  of  board.  The  state  board  of  dairy  commissioners  shall  receive 
no  compensation  for  their  services  as  such  hoard,  hut  shall  he  allowed  necessary 
traveling  expenses.  All  accounts  for  expenditure  incurred  or  made  pursuant  to  the 
provisions  of  this  ad  shall  he  approved  and  certified  by  said  state  hoard  of  dairy 
commissioners  before  presentation  to  the  state  auditor. 

2861.  18  Report.  The  state  board  of  dairy  commissioners  shall  biennially,  on 
December  first,  report  to  the  governor  of  this  Btate  a  full  account  of  their  actions 
under  this  act:  also  the  operations  and  results  of  this  and  any  other  Laws  pertaining 
to  the  dairy  industry  of  the  state;  a  full  account  of  all  expenses  and  disbursements 

of  the  hoard;  as  full  and  complete  statistics  as  it  is  in  their  power  to  collect  pertain- 
ing to  manufacture,  imports  and  exports  of  dairy  products  within  the  state  for  die 
biennial  term;  and  -hall  make  suggestions  as  to  the  need  of  further  Legislation  on  this 
subject 

l's(;i>.  (19)   Auditing  oft  111  expenses  incurred  under  the  provisions  of 

this  act  shall  be  audited  by  the  state  auditor  upon  hills  being  presented,  properly 


WASHINGTON.  661 

certified  by  the  board  of  dairy  commissioners,  and  the  said  auditor  shall,  from  time 
to  time,  draw  warrants  upon  the  state  treasurer  for  the  amounts  thus  audited. 

2862a.  (20)  Appropriation.  ^  To  carry  out   the   provisions   of  this   act.   th< 
hereby  appropriated  out  of  the  general  fund  of  the  state  for  the  term  beginning 
April  1,  1899,  six  thousand  dollars  (st>,000). 

2863.  (21)  Disposition  of  fines.  One-half  of  all  lines  collected  under  the  provis- 
ions of  this  act  shall  be  paid  to  the  state  treasurer  and  placed  to  the  credit  of  the 
general  fund  and  the  remainder  to  be  paid  forthwith  into  the  treasury  of  the  county 
in  which  the  conviction  is  obtained. 

2864.  (22)  Penalty  for  refusing  aid.  All  clerks,  bookkeepers,  express  agents,  rail- 
road officials,  employes,  or  employes  of  common  carriers  shall  render  to  the  dairy 
commissioner  and  his  deputies  all  the  assistance  in  their  power  in  tracing,  finding,  i  r 
discovering  the  presence  of  any  article  named  in  this  act.  Any  refusal  or  neglecl  on 
the  part  of  such  clerks,  bookkeepers,  express  agents,  railroad  officials,  emploj 
employes  of  common  carriers  to  render  Buch  friendly  aid,  shall  be  a  misdemeanor, 
punishable  by  fine  of  not  less  than  twenty-five  ($25)  nor  more  than  one  hundred 
dollars  ($100),  or  by  imprisonment  for  not  less  than  one  month  or  more  than  six 
months,  or  by  both  such  fine  and  imprisonment  for  each  and  every  offense. 

2s(».'>.  (23)  Standard  cream;  penalty.  No  person  shall  sell  or  offer  for  sale  any 
cream  taken  from  impure  or  diseased  milk,  or  any  cream  that  contains  less  than 
eighteen  per  centum  of  pure  butter  fat.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  fine  of  not  less  than  twenty-five  dollars  ($25)  aor  more  than  one 
hundred  dollars  ($100),  or  by  imprisonment  for  not  less  than  one  (1)  month  nor 
more  than  six  (6)  months,  or-by  both  such  line  and  imprisonment. 

2865a.  (24)  Licenses  for  milk  wagons;  penalty.  Every  person  who  conveys  milk  in 
carriages,  carts  or  other  vehicle  for  the  purpose  of  selling  the  same  in  any  city  or 
town -in  the  state  of  Washington,  shall  annually  on  the  ti r>t  day  of  June,  or  within 
thirty  (30)  days  thereafter,  procure  from  the  state  dairy  commissioner  a  license  to 
sell  milk  within  the  limits  of  said  city  or  town,  and  shall  pay  to  the  said  dairy  com- 
missioner the  sum  of  one  dollar  i  si  i  for  each  carriage,  cart  or  other  vehicle  to  be 
used  as  provided  for  in  section  Lit.  Licenses  shall  be  issued  only  in  the  names  of  the 
owner- of  carriages,  carts  and  other  vehicles  ami  shall,  for  the  purpose  of  this  act, 
be  conclusive  evidence  of  ownership.  No  license  shall  be  Bold,  assigned  or  trans- 
ferred; each  license  shall  contain  the  name,  residence,  place  of  business,  Dumber  of 
carriages,  carts  or  other  vehicle-  used,  and  the  number  of  the  license.  Each  license  " 
shall,  before  engaging  in  the  Bale  of  milk,  cause  his  name,  the  number  of  the  license 
and  his  place  Of  bUBineSS  to  be  legibly  placed  on  each  outer  side  of  all  carriage-,  carts 

or  other  vehicles  used  by  him  in  the  conveyance  or  sale  of  milk.     Whoever,  without 
being  first  licensed  under  the  provisions  of  this  section,  sells  milk  or  exposes  it  for 
sale  from  carriages,  carts  or  other  vehicles,  or  has  the  same  In  his  custody  or  p 
sion  with  intent  to  sell,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 

thereof  shall  be  punished  by  a  tine  of  not  less  than  twenty-live  dollars  r  each 

offense,  nor  more  than  one  hundred  dollars  by  imprisonment  for  not  less 

than  one  mouth  or  more  than  six  months  or  by  both  such  line  and  imprisonment: 
Provided,  That  nothing  in  this  section  shall  apply  to  persons  handling  or  using  the 

milk  from  not  more  than  two  COW  s. 

'■<  .it  7/  in  ilk ;  penalty.     Every  person  before  selling  milk  or  offering  if 

for  Bale  In  a  Btore,  booth,  stand  or  market   place  in  any  town  or  city,  -hall  procure  a 

license  from  the  state  dairy  commissioner  and  -hall  pay  to  -aid  commissioner  the 
sum  of  one  dollar  ($]  i  yearly,  within  thirty  days  after  June  I.  Any  person  who 
neglects  to  procure  such  license  -hall  be  deemed  guilty  of  a  misdemeanor,  and  upon 


□  Statutes. 


662  FOODS  AND  FOOD  CONTROL. 

conviction  shall  be  punished  for  each  offense  by  a  fine  of  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  one  hundred  dollars  ($100)  for  each  and  every  offense 
or  by  imprisonment  for  not  less  than  one  month  or  more  than  six  months  or  by  both 
such  fine  and  imprisonment. 

2865b.  (26)  Shimmed  milk  must  be  labeled;  penally.  ~So  person  shall  sell  or  expose 
for  sale  in  any  store  or  place  of  business  or  in  any  wagon  or  other  vehicle  used  in  the 
transportation  or  sale  of  milk  from  which  cream  has  been  removed  or  milk  com- 
monly called  "skimmed  milk"  without  first  marking  the  can  or  package  containing 
said  milk  with  the  words  "skimmed  milk"  in  large  plain  black  letters,  each  Letter 
being  at  least  one  inch  high  and  one-half  inch  wide,  said  words  to  be  on  the  side  not 
below  the  middle  of  said  can  or  package,  where  they  can  be  easily  seen.  Any  person 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25) 
nor  more  than  one  hundred  dollars  ($100)  for  each  and  every  offense,  or  by  impris- 
onment for  not  less  than  one  month  or  more  than  six  months  or  by  both  such  line 
and  imprisonment. 

2865c.  (27)  Disposition  of  license  fees,  etc.  That  all  moneys  received  for  licenses  or 
from  the  sale  of  any  and  all  goods  confiscated  by  the  dairy  commissioner  under  this 
act  shall  be  received  by  said  commissioner  and  deposited  the  first  of  every  month 
with  the  state  treasurer,  to  be  placed  in  the  general  fund. 

2865d.  (28)  Seizure  of  adulterated  provisions.  Possession  by  any  person  or  firm  of  an 
article  or  substance  the  sale  of  which  is  prohibited  by  this  act  shall  be  considered 
prima  facia  evidence  that  the  same  is  kept  by  such  person  or  firm  in  violation  of  the 
provisions  of  this  act,  and  the  commissioner  shall  be  authorized  to  seize  upOD  and 
take  posession  of  such  articles  or  substances,  and  upon  the  order  of  any  court  which 
has  jurisdiction  thereof,  he  shall  sell  the  same  for  any  purpose  other  than  to  be  used 
for  food,  the  proceeds  to  be  paid  to  the  state  treasurer  and  placed  to  the  credit  of  the 
general  fund. 

2865c.  (29)  Butter  brands;  penalty.  The  state  dairy  commissioner  is  hereby 
authorized  and  directed  to  procure  and  issue  to  the  manufacturers  of  creamery  butter 
of  the  state  and  under  such  regulations  as  to  the  custody  and  use  thereof  as  he  may 
prescribe  a  uniform  brand  bearing  a  suitable  device  or  motto,  and  the  words  "Wash- 
ington Creamery  Butter."  Every  brand  Issued  shall  be  used  on  the  wrapper  of  each 
package  and  also  on  the  outside  of  every  package  used  by  him,  and  shall  contain  a 
differenl  number  for  each  separate  manufactory,  and  the  commissioner  shall  keep 
a  hook  in  which  .-hall  be  registered  the  name,  location  and  number  of  each  manu- 
facturer using  the  said  brand.  It  shall  he  unlawful  to  use  or  permit  such  brand  to 
be  used  upon  any  other  than  Washington  creamery  butter  or  packages  containing 
the  same.  Any  person  violating  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  .thereof  shall  be  fined  for  each  offense  not 

Less  than  twenty-five  dollars  (  $25  >  nor  more  than   one  hundred  dollars  ($100)  or  by 

imprisonment  for  tiol  less  than  one  month  or  more  than  >i\  months,  or  by  both  such 
line  and  imprisonment. 

2865f.  80  Renovated  butter  must  i»  so  labeled;  penalty.  No  person,  firm  or  cor- 
poral ion  shall  manufacture,  Bell  or  offer  for  sale  or  have  in  his  possession  with  intent 
to  sell  butter  known  as  process  butter,  unless  the  package  in  which  the  butter  is 
sold  has  marked  on  the  side  of  it  the  word-  "renovated  butter"  in  capital  letters 

one  inch    high  and    one-half  inch    wide  with    ink  which    is  not   easily  removed:    l'r<>- 

vided,  That  it  shall  be  unlawful  for  any  retailer-  to  sell  said  butter  and  unless  a  card 
played  on  the  package  from  which  he  is  selling  butter  with  the  following  words 
printed  there. hi  bo  that  it  may  be  easily  read  by  the  purchaser  •■renovated  butter," 
or  if  it  is  sold  in  packages  on  which  a  w  rapper  is  used  the  words  "renovated  butter" 
shall  be  plainly  printed  on  each  and  every  wrapper:  Provided  further,  That  all  pro- 

■  utter   shipped    from   other  states  shall    be  subject    to   the  same    regulations  as 


WASHINGTON.  663 

provided  in  this  section.  Whoever  violates  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  for  each  and 
every  offense  not  less  than  twenty-five  dollars  ($25)  nor  more  than  one  hundred 
dollars  ($100)  or  by  imprisonment  for  not  less  than  one  month  or  more  than  six- 
months,  or  by  both  such  fine  and  imprisonment. 

(31)  Repeal.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

(32)  Emergency.  An  emergency  exists,  and  this  act  shall  take  effect  immedi- 
ately.— Sees.  1-32  approved  March  7,  1899.     Session  Lavs,  1899,  ch.  45,  p.  56. 

Sec.  33.  Cancellation  of  brands.  The  Commissioner  is  hereby  authorized  and 
directed  to  cancel  all  State  brands  issued  to  creameries  where  the  butter  manufac- 
tured does  not  scoreninety  a  points. — Added  March  6,  1905,  Laws  of  1905,  ch.  92,  p.  197. 

Sec.  34.  Butter  score.  The  Commissioner  or  Instructor  shall  have  the  power  to 
score  the  butter  and  the  score  made  by  them  shall  be  final. — Added  March  6,  1905, 
Laws  of  1905,  ch.  92,  p.  197.  ■ 

Sbc.  35.  Care  of  dairy  products.  It  shall  be  the  duty  of  the  Commissioner  or 
Instructor  to  give  instructions  in  the  care  of  milk  and  cream,  and  in  the  manufacture 
of  butter  and  cheese. — Added  March  6,  1905,  Laws  of  1905,  ch.  ui,  p.  197. 

Bb  .  36.  Inspection  of  barns  and  factories.  It  shall  be  the  duty  of  the  Commissioner 
or  Instructor  to  inspect  dairy  barns,  butter  and  cheese  factories  and  condensories, 
and  he  shall  have  the  power  to  condemn  the  same  where  the  sanitary  conditions  are 
not  conducive  to  a  high  quality  of  milk  and  cream,  and  to  the  manufacture  of  a  high 
grade  of  butter.  He  may  conduct  the  test  of  any  creamery  where  he  lias  reason  to 
believe  that,  the  cream  or  milk  is  not  tested  accurately  and  shall  condemn  milk  or 
cream  arriving  on  the  market  at  a  temperature  above  seventy  degrees  Fahrenheit  or 
that  which  is  too  old  or  in  such  condition  as  to  be  detrimental  to  the  production  of 
high  grade  goods.— 'Added  March  6,  1905,  Laws  of  1905,  ch.  92,  p.  197. 

37.  Inspection  of  apparatus.  All  apparatus  used  for  the  purpose  of  testing 
milk  or  cream  furnished  to  any  creamery  Bhall  be  Inspected  and  tested  by  the  Dairy 
Commissioner,  or  his  deputies,  and  any  found  to  be  faulty  or  defective,  to  be  replaced 
through  the  Dairy  Commissioner  at  cost  to  the  user. — Added  March  6,  1905,  Laws  of 
1905,  ch.  92,  p.  197. 

8ec.  38.    Unlawful  manipulation  of  Babcock  test,  etc.     It  shall  be  unlawful  for  the 
owner,  manufacturer,  agenl  or  any  employe  of  a  butter  or  cheese  factory  or  conden- 
sory  to  under  <>r  overread  the  Babcock  test,  or  to  manipulate  for  the  purpo 
deception  any  other  contrivance  used  for  detennining  the  quality  or  value  of  milk 
or  cream.     Added  Match  6,  1906,  Laws  of  1906%  eh.  92,  />.  197. 

:;d.  StaU  dairy  instructor;  salary.  The  Commissioner  shall  appoint  one  of 
his  deputies  who  shall  be  known  as  State  Dairy  Instructor.  He  shall  be  a 
graduate  of  a  recognized  dairy  school  or  shall  bave  completed  a  course  in  dairying 
in  a  college  w  here  Mich  instruction  ifl  given;  he  shall  receive  as  compensation  for  his 
service-;  one  hundred  dollars  ($100.00)  per  month. — Added  March  6,  1905,  Laws  of 
1905,  ch.  92,  p.  198. 

Sec.  id.  Penalties.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
or  who  shall  obstruct  the  Commissioner  or  Instructor  in  the  performance  of  their 
duties  under  this  act,  by  refusing  him  entrance  to  any  place  enumerated  in  the  pre- 
ceding Elections,  or  by  refusing  to  deliver  to  him  any  dairy  products  or  imitations 
thereof  upon  demand,  Bhall  he  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  -hall  he  punished  by  a  tine  of  not  Less  than  twenty-five  dollar-  nor  more 
than  one  hundred  dollar-  or  by  imprisonment  for  not  leas  than  one  month  or  more 
than  six  months,  or  by  both  such  tine  and  imprisonment  .{</</,,/  \iarch6, 
Laws  <>/  1906,  ch.  92,  />.  198. 


•i  Statutes. 


664  POODS    AXD    FOOD    CONTROL. 

41.  Appropriations.  To  carry  out  the  provisions  of  this  act  there  is  hereby 
appropriated  out  of  the  general  hind,  not  otherwise  appropriated  the  sum  of  two 
thousand  dollars  ($2,000.00)  .—Added  March  6,  I  i  of  1905,  eh.  92,  p.  198. 

2865g.  Milk  cam  to  be  marked  with  their  liquid  capacity.     That  all  milk  cans  or  other 

-  used  for  the  shipping,  salt-  or  dispensing  of  milk  >hall  have  their  liquid 

capacity  United  states  standard,  measured  and  plainly  sealed  or  stamped  thereon  by 

any  county  auditor,  as  ex-officio  county  sealer,  or  any  of  his  deputies, in  the  manner 

already  provided  for  the  sealing  of  weights  and  measures. 

2865h.  Penalty  for  using  unstamped  cans.  That  any  individual  or  corporation  own- 
ing and  using  milk  cans  or  other  vessels  or  shipping,  selling  or -dispensing  of  milk 
by  measurement  for  a  consideration  in  a  can  or  vessel  that  has  not  been  officially 
sealed  and  its  liquid  capacity  plainly  stamped  thereon,  shall  be  subject  to  a  tine  of 
live  dollar.-  for  every  offense,  and  the  forfeiture  of  all  unsealed  milk  cans  or  vessels 
found  in  his  or  its  possession. 

That  any  county  sealer  shall  charge  a  fee  of  ten  cents  for  each  milk  can  or  vessel 
BO  -tamped  or  sealed. 

Ballinger's  Annotated  Codes  and  Statutes,  Supplement  1899-1903,  pp.  305-313. 

FISH. 

:>:>42c.  *  *  *  License  to  dealers  in  fish;  fee.  Every  person,  firm  or  corporation 
engaged  in  the  business  of  buying  and  selling,  packing  and  preserving  or  otherwise 
dealing  in  trout  or  other  food  fish  obtained  from  private  hatcheries  of  this  state,  shall 
procure  a  license  for  such  business  from  the  fish  commissioner  of  the  state  and  shall 
pay  an  annual  license  fee  of  $2.50. 

335 If.  License  to  salmon  dealers  other  than  tanners;  fees.  Every  person,  firm  or  cor- 
poration engaged  in  the  business  of  buying  and  selling,  packing  and  preserving  or 
otherwise  dealing  in  salmon  other  than  canners  thereof ,  shall  pay  as  a  license  the 
-urn  of  thirty  cents  per  ton  gT086  weight  or  in  the  round  of  said  tishes  bought  and  sold, 
packed  or  preserved  or  otherwise  dealt  in:  Provided,  No  person  engaged  in  the  busi- 
tforesaid  shall  pay  Less  than  two  dollars  and  fifty  cents  per  annum.  It  shall  be 
the  duty  of  each  person,  firm  or  corporation  affected  by  the  provisions  of  this  section 
to  render  to  the  fish  commissioner  of  the  state  of  Washington,  on  or  before  the  tenth 
day  of  each  month,  on  blanks  to  be  furnished  by  the  said  fish  commissioner,  a 
detailed  Btatemenl  Bhowing  gross  amount  of  fresh  fish  in  the  round  bought  and  sold, 
packed  and  preserved  or  otherwise  dealt  in  during  the  preceding  month,  and  each 
person  shall  pay  to  the  said  commissioner  the  amount  due  under  the  provisions 
hereof,  on  or  before  the  tenth  day  <>f  each  month,  and  a  Eailuae  or  neglect  to  do  so 

shall    constitute  a   misdemeanor,  and    upon  conviction   thereof   the  offender  may  be 
punished  as  hereinafter  provided. 

:{:{.">lu.  License  to  salmon  conn*  rs;  fees.  Every  person,  firm  or  corporation  engaged 
in  caiining  salmon  shall  procure  a  License  before  commencing  the  season's  packing, 

a-  follow  - 

For  each  cannery  packing  less  than  10,000  cases  per  annum $100.00 

ach  cannery  packing  from  10,000  to  15,000  cases  per  annum L50. 00 

For  each  cannery  packing  from  15,000  to  20,000  cases  per  annum 200.00 

For  each  cannerj  packing  from  20,000  to  26,000  cases  per  annum 250.00 

lot-  each  cannery  packing  from  25,000  to  30,000  cases  per  annum .sou.  on 

ach  cannery  packing  from  30,000  to  10,000  cases  per  annum 400.  00 

each  cannery  packing  from  10,000  to  50,000  cases  per  annum 600.00 

ach  cannery  packing  from  50,000  t"  60,000  cases  per  annum 800.  oo 

ach  Cannery  parking  from  60,000  to  70,000  cases  per  annum '  Too.  on 

ach  cannery  packing  from  70,000  to  80,000  cases  per  annum •  800.00 

For  each  cannery  packing  from  80,000  to  90,000  cases  per  annum 900.  00 

ach  canners  packing  from  &0,000  to  100,000  cases  per  annum 1,000.00 


.  WASHINGTON.  665 

33511i.  Basis  of  a  license  fee.  Rates  on  all  canneries  to  be  based  upon  pack  of  each 
preceding  year.  New  canneries  shall  pay  a  license  of  $250  until  their  pack  is  defi- 
nitely known. 

3357.  Definition  of  word  " salmon."  Whenever  the  term  salmon  is  used  in  this 
act  it  shall  be  construed  to  include  and  apply  to  chinook,  steelhead,  blueback,  silver- 
side,  and  all  other  species  of  salmon. 

3359.  Report*  of  fish  taken.  It  shall  be  the  duty  of  all  persons  who  purchase 
salmon  or  food  fishes  from  fishermen  or  takers  or  catchers  of  salmon,  or  other  food 
fishes,  for  the  purpose  of  selling  or  canning  them  or  the  product  of  the  same  for 
profit,  to  report  to  the  fish  commissioner  on  blanks  furnished  by  him,  on  or  before 
the  fifteenth  day  of  November  of  each  year  hereafter,  the  number  of  each  spe< 

fish,  stated  separately,  so  purchased  by  them,  or  if  purchased  by  weight,  the  number 
of  pounds  of  each  species,  and  the  average  price  per  pound;  such  statement  or  report 
shall  be  made  under  oath. 

3360.  Commissioner  may  administer  oaths.  The  fish  commissioner  is  hereby 
authorized  to  administer  oaths,  and  may  require  any  statement  made  to  him  in 
application  for  license,  or  in  any  report  submitted  to  him,  or  in  any  matter  connected 
with  the  discharge  of  his  official  business,  to  be  made  to  him  under  oath. 

3301.  Definitions.  The  term  "person  or  persons,"  when  used  in  this  act,  shall  be 
taken  to  include  partnerships,  associations  and  corporations.  The  term  "seine"  in 
this  act,  is  intended  to  cover  all  forms  of  nets  known  as  seines,  purse  seines  or  purse 
nets,  trawls,  beam  trawls,  stow  nets,  draw  nets,  bag  nets,  drag  nets,  Mrift  nets,  reef 
nets  and  dredge  nets. 

3361a.  Reports  confidential;  penalty  for  publishing.  All  reports  showing  the  status 
of  the  business  of  any  person  required  under  the  provisions  of  this  act  to  report  to 
the  fish  commissioner,  shall  be  treated  by  said  commissioner  as  confidential  and  shall 
not  be  open  to  public  inspection,  nor  shall  they  be  published  in  any  way  by  the  com- 
missioner <>r  communicated  with  any  person  unless  their  publication  shall  be  neces- 
sary in  some  civil  or  criminal  proceeding  against  said  person  or  persons  for  the  pur- 
pose of  enforcing  the  provisions  of  this  act:  Provided,  That  the  fish  commissioner 
may  utilize  any  and  all  statistics  furnished  him  in  any  annual,  biennial  or  other 
report  made  by  him  where  the  use  of  said  statistics  or  information  will  not  disclose 
to  the  public  the  condition  of  business  of  any  person:  And  provided  further.  That  if 
the  fish  commissioner  or  anyone  in  his  employ  shall  willfully  publish  the  said  infor- 
mation orstatistics  disclosing  the  condition  of  business  of  any  individual  in  violation 
of  this  section,  he  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  tine 
of  any  amount  not  exceeding  one  thousand  dollars. 

8361b.  Penalties  for  violation.  Any  person  violating  any  of  the  provisions  of  this 
act,  whether  or  not  such  violation  is  otherwise  specifically  declared  to  he  a  misde- 
meanor, either  by  neglecting  to  observe  the  requirements  of  this  acl  or  violating  any 
of  the  provision^  thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon 
conviction  therefor  for  each  and  every  offense,  be  subject  to  a  tine  of  not  lead  than 
ten  dollars  nor  more  than  two  hundred  and  fifty  dollar-. 

8361c.  Repeal,  All  acts  and  parts  of  act-  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed:  Provided,  That  all  licensee  now  existing  under  the  laws 
heretofore  in  force  shall  be  continued  for  the  time  Buch  Licensee  may  have  t"  run  or 
for  the  unexpired  portion  thereof,  the  same  as  ii  this  ad  had  not  taken  effect,  and 
such  licensee  shall  be  renewed  upon  application  upon  the  payment  of  the  lioensi 

as  provided  by  this  act. 

An  emergency  exists,  and  this  ad  shall  he  in  effect  immediately. 

Approved  March  1:'..  L899,     Bollinger's  Annotated  C  Supplement 

1899-1903,  pp.  372-381. 


6<56  FOODS    AND    FOOD    CONTROL. 

RULES  AND  REGULATIONS. 

The  term  "mis-branded"  may  be  defined  as  follows:  An  article  shall  be  consid- 
ered mis-branded  if  there  is  a  false  statement  printed  upon  the  label. 

The  brand  or  label  on  every  article  of  food  shall  be  printed  in  English,  except 
where  t lie  foods  are  manufactured  in  a  country  not  speaking  the  English  language. 

All  mixtures,  compounds,  combinations,  limitations,  or  blende  shall  he  labeled, 
branded  or  tagged  so  a-  to  plainly  indicate  that  they  are  mixtures,  compound-, 
binations,  imitations  or  blends,  and  the  character  and  constituents  thereof  shall  be 
plainly  printed  on  the  label. 

Third,  a  coin  name  is  defined  as  a  word  to  designate  any  mixture,  compound,  com- 
bination or  blend  used  as  an  article  of  food,  which  is,  or  has  been,  in  addition  to  the 
vocabulary  of  the  English  language. 

All  drinks  containing  less  than  two  per  cent,  alcohol,  soda  water  syrups  and  fruit 
syrups,  shall  not  contain  any  saccharine,  salicylic,  benzoic  or  boric  acid.  All  soda 
fountain  syrups  and  fruit  syrups,  if  artificial,  sha-11  have  the  word  "artificial" 
printed  on  the  label  of  the  package,  in  the  same  size,  style  and  color  of  Letter  and 
background  as  the  name  of  the  article.  All  soda  fountains,  or  places  when 
drinks  are  sold  or  served  shall  have  printed  on  a  placard  the  words  "  Artificial  Prinks'" 
and  hung  in  front  of  the  fountain,  or  in  a  conspicuous  place. 

The  use  of  coal  tar  dyes  in  coloring  food  products  is  prohibited. 

Saccharine  cannot  be  used  in  food  products. 

All  eating  houses,  hotels,  restaurants,  etc.,  shall  be  subject  to  the  same  rules  and 
regulations  as  provided  for  dealers  of  food  products. 

Refilling  bottles,  cans  or  dishes  of  any  description  with  a  different  product  than 
they  contained  originally,  without  removing  the  label,  will  be  considered  a  violation 
of  the  law.      Saving  on  the  table  will  be  an  evidence  of  serving. 

All  compound  bulk  goods  shall  be  put  up  in  packages  which  will  show  that  they 
are  compounds,  with  a  statement  of  the  character  and  constituents  printed  thereon. 

The  use  of  salicylic  acid  as  a  preservative  is  prohibited. 

All  decomposed,  putrid,  infected  or  rotten  animal,  vegetable  or  fruit  Bubstance, 
and  artiHes,  whether  manufactured  or  not,  cannot  be  sold  without  violating  the  law. 

Baking  powders.  Baking  powders  can  be  sold  without  formula,  but  if  labeled 
"Cream  of  Tartar"  "Phosphate  Powder"  etc.,  shall  state  the  character  and  con- 
stituents thereof ,  and  shall  contain  no  ingredients  injurious  to  health. 

Buckwheat  flour,  if  labeled  "Buckwheat  Flour,"  shall  be  true  to  name.  It  can  be 
mixed  with  a  substance  not  injurious  to  health  it"  sold  as  "Buckwheat  Flour  Com- 
pound," with  the  character  and  constituents  printed  on  the  label.  Buckwheat  flour 
containing  no  other  substance  hut  for  leavening  and  seasoning  purposes  may  he  sold 
if  labeled  "Self  Rising  Buckwheal  Flour." 

Butter.  It  must  be  made  exclusively  of  milk  and  cream.  It  may  he  colored  with 
coloring  matter  not  injurious  to  health.  Every  creamery  shall  secure  a  state  brand 
from  the  commissioner.  It  shall  he  unlawful  to  use  such  brand  upon  any  other  than 
Washington  creamery  butter,  or  packages  containing  the  same.  Process  butter  in 
tubs  or  cases  shall  be  marked  "Renovated  Butter"  in  capital  letters  one  inch  high 

and  one  half  inch  wide,  with   ink  which   is  not    easily  removed.      Every  print  shall 

have  on  it  a  u  rapper  containing  the  words  "Renovated  Butter'1  printed  thereon  bo 

that  it  mayeasil}  be  ''cad  by  the  purchaser,  and  every  tub  from  which  it  is  sold  -hall 
have  on   it   a  card  on  which  are  the  WOrdc    "Renovated    I'.ntter"   so  that   it   may  be 

read  from  any  part  of  the  room.     All  butter  shipped  into  the  state  from  other  states 

b  subject  to  the  -ami-  rules  and  r<"_rnlati<.n-. 

Candy  must  not  contain  terra  alba,  barytes,  talc  or  other  earthy  or  mineral  sub- 
stances (>i'  any  colors,  flavors  or  ingredients  injurious  to  health. 


WASHINGTON.  667 

Catsup  shall  contain  no  ingredient  injurious  to  health.  Tomato  catsup  shall  be  the 
product  of  the  tomato. 

( /'/>/. sv  shall  be  made  exclusively  of  milk  or  cream.  Every  cheese  factory  is  required 
to  secure  from  the  commissioner  the  state  brand.  The  brand  shall  be  used  on  the 
outside  of  the  cheese  and  shall  have  a  different  number  for  each  separate  manufac- 
tory. The  said  brand  shall  not  be  used  on  any  other  but  full  cream  cheese,  contain- 
ing not  less  than  30  per  cent,  of  butter  fat.  All  cheese  containing  less  than  30  per 
cent,  of  butter  fat  shall  be  marked  "Skimmed  Cheese"  in  full  faced  capital  letters 
not  less  than  one  inch  high  and  one-half  inch  wide.  The  manufacture  and  sale  of 
any  cheese  containing  less  than  15  per  cent,  of  butter  fat  or  filled  cheese  is  prohibited. 

Coffee  if  sold  as  such  shall  be. true  to  name.  It  maybe  mixed  with  chicory  or 
other  substances  not  injurious  to  health,  if  marked  so  as  to  plainly  indicate  that  it  is 
a  compound,  with  the  character  and  constituents  thereof  printed  on  the  label  or 
package. 

Coffee  substitutes.  Mixtures  of  cereals  or  other  articles  sold  as  a  eul  >stitute  f<  >r  coffee 
shall  be  sold  as  a  mixture  or  compound  under  an  original  or  coin  name. 

Chocolate  and  cocoas  if  containing  no  other  than  cocoa  mass,  sugar  and  flavoring, 
will  not  be  classed  as  an  adulteration. 

Cream  of  tartar  shall  be  pure  and  true  to  name.  If  compounded  with  any  other 
article  the  character  and  the  constituents  of  the  compound  shall  be  stated  on  the 
package. 

Extracts.  Vanilla  shall  be  made  from  the  vanilla  bean.  Extracts  made  of  more 
than  one  principle  shall  be  labeled  with  the  name  of  each  principle  or  with  the  name 
of  the  inferior  or  adulterant.  For  example,  an  extract  made  from  vanilla  and  tonka 
shall  be  labeled  "Extract  of  Vanilla  and  Tonka"  or  "Extract  of  Tonka.*'  In  all 
cases  it  is  understood  that  when  an  extract  is  labeled  with  more  than  one  name  the 
type  used  is  to  be  similar  in  size,  and  thename  of  any  one  of  the  articles  shall  not  be 
given  greater  prominence  than  the  other.  Extracts  that  are  not  made  from  the 
fruit,  berry  or  bean  and  are  made  artificially,  such  as  raspberry,  strawberry,  pine- 
apple or  banana,  shall  be  labeled  "Artificial  Flavor." 

Farinaceous  goods  shall  be  true  to  name.  Barley,  hominy,  cracked  or  rolled  wheat 
or  oats,  tapioca  and  like  articles  shall  be  pure  and  unadulterated.  If  mixed  or  com- 
pounded with  other  articles  shall  be  sold  as  a  mixture  or  compound  and  not  under 
the  name  of  any  ingredient  contained  therein.  The  compound  shall  show  the  char- 
acter and  constituents  thereof. 

Honey  shall  be  pure.  If  mixed  with  glucose,  cane  sugar,  or  other  substances  shall 
be  labeled  so  as  to  show  that  it  is  a  compound,  with  the  names  of  the  constituents 
printed  on  the  package. 

.AZ/'/shall  be  true  to  name.  Imitation  fruit  jellies,  butters  or  other  similar  com- 
pounds, made  or  composed  in  whole  or  in  part  of  glucose,  dextrine,  starch  or  other 
substances  may  be  sold  if  uncolored  and  are  distinctly  labeled  "Imitation  Fruit, 
.Icily  or  Butter'1  with  the  character  and  constituents  printed  on  the  label  or  package. 

Lard  shall  be  true  to  name.  .  Imitation  lard  in  the  manufacturers' packages  shall 

be  distinctly  branded  or  labeled  BO  as  to  BUOW  that  it  is  a  compound.  The  character 
and  constituent- of  the  compound  shall  be  printed  on  the  label.  This  also  applies 
to  small  quantities  when  put  up  for  immediate  d«  liverj . 

MapU  sugar  <ui<l  maple  syrup  shall  be  purr  and  true  to  name.  They  may  be  mixed 
with  other  sugar  and  syrup  and  sold  as  "Maple  Sugar  Compound"  or  ••Maple  Syrup 
Compound  "  w  ith  the  character  and  constituents  printed  <m  the  package. 

Milk  shall  not  contain  less  than  3  per  cent  of  butter  fat.  and  8  per  cent  solids 

other  than  fats.     A  can  containing  milk  from  which  the  cream  has  been  removed 

shall  be  labeled  "Skimmed  Milk"  in  large,  plain,  black  letters,  each  letter  being  at 

one  inch  high,  and  one-half  inch  wide,  .-aid  words  to  be  on  the  side,  not  below 

18622   -No.  69,  pt  8—06 ") 


668  FOODS  AND  FOOD  CONTROL. 

the  middle  of  said  can  or  package.  The  Bale  of  milk  which  is  impure  or  adulterated, 
or  from  cows  which  are  diseased,  or  being  fed  on  distillery  waste  or  other  Bubstances 
id  a  state  of  putrefaction  or  rottenness,  or  any  Bubstance  of  an  unhealthy  nature,  or 
from  cows  kept  by  a  family  in  which  there  is  an  infectious  disease,  is  prohibited. 

Molasses  shall  be  branded  with  its  true  and  proper  name,  and  shall  be  true  to  same. 
li  mixed  with  other  syrups  shall  he  sold  ae  "Molasses  Compound,"  with  the  charac- 
ter and  constituents  stated  on  the  package. 

Oleomargarine  shall  not  be  sold  in  this  state  unless  free  from  coloration  or  ingre- 
dient that  causes  it  to  look  like  butter.  Oleomargarine  shall  he  branded  as  such, 
stores,  hotels,  restaurants,  boarding  houses,  etc. ,  shall  have  conspicuously  hanging 
in  the  center  or  placed  on  the  side  of  any  store  or  room  where  it  is  sold  or  furnished, 
a  white  placard,  on  which  is  printed  in  black  ink,  in  plain  Roman  letters  the  words 
"Oleomargarine  sold  here  or  used  here"  in  letters  which  may  he  read  from  any 
part  of  the  room. 

Pancake  flour  if  containing  more  than  one  article  shall  he  sold  as  a  mixture  or  com- 
pound, and  not  under  the  name  of  any  ingredient  contained  therein,  and  shall  have 
on  the  label  a  statement  of  the  character  and  constituents  thereof. 

Prepared  mustard.  Pure  mustard,  mixed  with  vinegar  and  spices,  may  he  sold  as 
"Prepared  .Mustard,"  hut  if  any  substance  or  substances  are  added  to  cheapen  it, 
such  as  flour,  etc.,  it  shall  be  deemed  adulterated  unless  the  character  and  constit- 
uents thereof  are  stated  on  the  package.  Printed  matter  descriptive  of  the  goods 
will  be  allowed  upon  the  Label  below  the  words  "  Prepared  Mustard.'* 

Syrup.  Each  barrel,  cask,  pail  or  bottle  containing  syrup,  molasses  or  glucose 
shall  be  distinctly  branded  or  labeled  with  the  true  and  proper  name  of  such  article, 
and,  if  compounded,  shall  he  sold  as  "Syrup  Compound,"  with  the  constituents 
plainly  printed  on  the  package. 

Spices  shall  he  pun-  ami  true  to  the  name.  If  compounded  with  any  other  article 
shall  he  sold  a-  a  'compound"  with  the  character  and  constituents  of  the  compound 
stated  on  the  package. 

Vinegar.  All  vinegars  shall  contain  not  less  than  3.]  per  cent,  of  acetic  acid,  and 
shall  not  contain  any  preparation  of  lead,  copper,  sulphuric  acid,  or  ingredients 
injurious  to  health.  All  vinegars  made  by  fermentation  and  oxydation  shall  be 
branded  "  Fermented  Vinegar,"  with  the  name  of  the  fruit  or  substance  from  which 
the  same  is  made,  shall  he  free  from  foreign  substance  and  shall  not  contain  less 
than  Lf  percent,  of  solids  contained  in  the  fruit  or  grain  from  which  said  vinegar  is 
made,  and  not  Less  than  L'..~>  of  1  pel-  cent,  ash  or  mineral  matter,  the  same  being  the 
material  from  which  said  vinegar  is  manufactured.  All  vinegars  made  w  holly  or  in 
pari  from  distilled  Liquor  shall  he  branded  "Distilled  Vinegar,"  and  shall  he  free 

from  artificial  coloring  matter.      Only  vinegar  made  from  pure  apple  juice,  free  from 

foreign  substances,  products  or  acids,  ami  containing  not  less  than   I,  per  cent,  of 

cider  solids,  may  he  -..Id  as  apple,  orchard  or  cider  vinegar. 

Peas  and  pickles  colored  with  copperas  will  be  considered  a  violation  of  the  law. 

These  rulings  musl  not  he  considered  as  law,  hut  as  an  interpretation  ><\  the  law 
by  the  Commissioner.  The  law  is  also  published  so  that  you  may  use  your  judg- 
ment a-  to  it-  meaning.  In  case  of  -nit  the  law  ami  not  my  rulings  will  he  consid- 
ered by  the  court. 

WHOLESALERS'    \M»    MANUFACTURERS'    I   i    \K\vrv. 

(  Blank  &  Blank  ),  the  undersigned,  wholesalers  (or  manufacturer- |,  Ln consideration 
of  (Jones  cc  Brown,    Blank,  Wash.),  retail    merchants,  purchasing  food  from  us, 

hereby  guarantee  that  all  f I  sold  to  them  shall  he  gucn  as  is  permitted  to  he  used 

by  that  certain  act  oi'  the  Legislature  of  the  state  ol  Washington,  entitled  "  in  act  to 
provide  against  adulteration  of  food  and  fraud  in  the  sale  thereof;  creating  a  state 
Board  of  rood  <  Commissioners,  defining  their  duties,  ami  providing  for  an  officer  to 
be  known  as  the  State  1  toiry  and  Pood  <  ommissioner;  providing  for  the  enforcement 


WASHINGTON.  669 

of  the  law  and  fixing  a  penalty  for  the  violation  thereof,  and  making  an  appropria- 
tion, declaring  an  emergency,  repealing  'An  act  to  provide  against  the  adulteration 
of  food,'  approved  March  13,  1899,"  which  said  act  was  approved  March  16,  1901, 
This  guaranty  to  remain  in  force  until  revoked  in  writing. 

Blank  &  Blank, ,  Wash., 

Wholesalers  (or  Manufacture 
Dated  at this day  of ,  190— 

Note. — This  guaranty  will  not  be  accepted  when  signed  by  an  agent  who  has  no 
authority  to  make  such  an  agreement. 

The  state  has  made  no  provision  for  printing  the  guaranties  required  by  law,  Real- 
izing the  importance  of  having  a  regular  form  and  also  a  place  where  the  guaranties 
may  be  secured  I  have  had  printed  at  my  own  expense  3,000  copies  of  the  guaranty, 
which  will  be  furnished  to  dealers  at  the  following  rates:  2  cents  apiece,  10  for  25 
cents,  25  for  50  cents,  100  for  $1.00. 

Stamps  or  postal  money  order  for  the  amount  required  must  accompany  the  order 
for  the  guaranties. 

E.  A.  McDonald, 
State  Dairy  and  Food  Gynmission 


WEST    VIRGINIA. 

No  special  provision  has  been  made  for  the  enforcement  of  the  laws 
of  West  Virginia  which  relate  to  the  manufacture  and  sale  of  foods. 

GENERAL  boon  LAW. 

11).  Unwholesome  provisions;  penalty.  If  a  person  knowingly  sell  any  diseased,  cor- 
rupted or  unwholesome  provisions,  whether  food  or  drink,  without  making  the  same 
know  n  to  the  buyer,  he  shall  be  confined  in  jail  not  more  than  six  months,  and  lined 
not  exceeding  one  hundred  dollars. 

20.  Adulterated  provisions.  It  a  person  fraudulently  adulterate,  tor  the  purpose  of 
sale,  anything  intended  for  food  or  drink,  or  if  he  knowingly  sell  or  barter  anything 
intended  for  food  or  drink,  which  is  not  what  it  is  represented  to  he,  or  what  it  is 
sold  for,  he  shall  be  confined  in  jail  not  more  than  one  year,  and  lined  not  exceeding 
live  hundred  dollars;  and  the  adulterated  or  other  articles  shall  be  forfeited  and 
destroyed. 

Code  1899,  ch.  150,  p.  986. 

DAIRY   PRODUCTS. 

20a.   Imitation   butter  or  cheese;  penalty.     Any  person  who  manufactures,  sells  or 

offer-  for  sale,  any  substance  purporting  to  he,  or  having  the  semblance  of,  butter  or 

cheese,  which  substance  is  not  made  wholly  from    pure  cream  or  pure   milk,  unless 

each  package,  roll  or  parcel  thereof,  and  each  vessel  containing  one  or  more  pack- 

:  the  same,  has  been  distinctly,  legibly  and  durably  printed,  stamped  or  marked 

thereon,  the  true  and  appropriate  name  of  each  substance,  and  also  the  fact  that  it  Lfi 
not  wholly  made  from  pure  cream,  or  pure  milk,  as  the  case  may  be,  or  any  person 
who  sells  to  a  consumer,  any  such  substance  not  so  marked  or  stamped!]  or  without 
delivering  to  the  consumer  a  written  or  printed  statement,  that  it  is  not  wholly  made 
of  pure  cream,  or  pure  milk,  as  the  case  may  he,  shall  he  lined  not  less  than  ten  dol- 
lar- nor  more  than  one  hundred  dollars,  and  at  the  discretion  of  the  court,  he  con- 
fined in  jail  until  the  line  and  csts  are  paid,  not  exceeding,  however,  three  months. 

Bui  nothing  contained  in  this  act  shall  be  so  construed  as  to  prevenl  the  use  "i 
Bkimmed  milk,  salt,  rennet  or  harmless  coloring  matter,  in  the  manufacture  of  but- 
ter and  cheese. 

Code  L899,  ch.  L50,  |'.  986. 

1.  [rtificial  butter  to  be  colored  pink.  That  from  and  after  the  passage  of  this  act,  it 
shall   he  unlawful  for  any  manufacturer  or  vender  of  oleomargarine,  artificial  or 

adulterate. I  butter,  to  ma i intact ii re  or  offer  for  sale  within  the  limits  of  this  State.  an\ 

ileomargarine,  artificial  or  adulterated  butter,  whether  the  same  be  manufactured 
within  or  without  t  he  state,  unless  the  same  shall  be  colored  pink. 

2,  Penalty.  Any  person  violating  any  provision  of  this  act,  shall  he  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  he  lined  not  Less  than  twenty  nor  more 
than  one  hundred  dollar-  for  each  offence, 

:{.  Jurisdiction,  An)  penalty  arising  under  this  act  may  he  en  forced  by  any  magis- 
trate within  the  county  in  which  the  offence  occurs. 

\.i-  of  L891,  «h.  8;  ( lode  L899,  p.  1 1 15. 
670 


WEST    VIRGINIA.  67 1 

WATER. 

20b.  If  any  person  or  persons  shall  knowingly  and  wilfully  throw  or  cause  to  be 
thrown  into  any  well,  cistern,  spring,  brook  or  branch  of  running  water  which  is 
used  for  domestic  purposes,  any  dead  animal,  carcass  or  part  thereof,  or  any  putrid, 
nauseous  or  offensive  substance,  he  or  they  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  live  dollars  nor  more  than  one 
hundred  dollars,  and  may,  at  the  discretion  of  the  jury,  be  confined  in  the  jail  of  the 
county  not  exceeding  ninety  days,  and  shall  moreover  be  liable  to  the  party  injured 
in  a  civil  action  for  damages. 

Code  1899,  p.  987. 


WISCONSIN. 

The  dairy  unci  food  commissioner  is  charged  with  the  enforcement 

of  all  of  the  dairy  and  food  laws  of  the  State.  The  samples  taken  in 
connection  with  the  enforcement  of  the  law  are  examined  by  a  chemist 
who  is  appointed  by  the  commissioner  with  the  approval  of  the  gov- 
ernor. At  the  last  meeting  of  the  legislature  material  changes  were 
made  in  the  food  legislation  of  the  State  of  Wisconsin. 

GENERAL  FOOD  LAWS. 

4599.  20)  Unwholesome  provisions;  penalty.  Any  person  who  shall  knowingly 
sell  any  kind  of  diseased,  corrupted  or  unwholesome  provisions,  whether  for  meat 

or  drink,  without  making  the  same  fully  known  to  the  buyer,  shall  he  punished  by 
imprisonment  in  the  county  jail  not  more  than  six  months  or  by  line  not  exceeding 
one  hundred  dollars. 

4<K)0.  (21)  Penalty  for  sale  of  adulterated  articles  of  food.  Any  person  who  shall. 
by  himself,  his  servant  or  agent  or  as  the  servant  or  agent  of  any  other  person,  sell, 
exchange,  deliver  or  have  in  his  possession  with  intent  to  sell,  exchange,  offer  for 
sale  or  exchange  any  dm:,'  or  article  of  fcod  which  is  adulterated  -hall  he  lined  n,,t 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars  or  be  impi isoned  in 
the  county  jail  not  less  than  thirty  days  nor  more  than  four  months.  The  term 
"drug,"  as  used  In  this  section,  shall  include  all  medicines  for  internal  or  external 
antiseptics,  disinfectants  and  cosmetic.-.  The  term  "food,"  as  used  herein, 
shall  include  all  articles  used  for  food  or  drink  or  condiment  by  man.  whether  simple. 
mixed  or  compound. — As  amended  ^1<i>i  //;,  1905;  Laws  of  1905,  ch.  907,  pp.  .".< 

4601.  Adulteration  defined.  An  article  shall  be  deemed  to  he  adulterated  within 
the  meaning  of  the  preceding  section: 

l.   [n  the  case  of  drugs:  hirst,  if,  when  sold,  or  offered  or  exposed  for  sale  or  had 

in  possession  with  intent  t«>  sell,  under  or  hy  a  name  recognized  in  the  United  States 

pharmacopaeia, &  it  differs  from  the  standard  of  strength,  quality  or  purity  laid  down 

in  the  latest  cm  rent  edition  thereof;  ,-econd,  if  when  sold,  or  offered  or  exposed  for 
sale  or  had   in   possession  with  intent  to  sell,  under  or  hy  a  name  not    recognized   in 

said  pharmacopoeia,  but  which  is  found  in  the  pharmacopoeia  of  some  other  country, 

the  national  formulary  or  other  standard  work  on  materia  medica,  it  differs  materi- 
ally from  the  standard  of  Btrength,  quality  or  purity  laid  down  in  the  latest  current 
reporl  of  BUch  work;  third,  if  it-  strength,  quality  or  purity  falls  below  the  professed 
Btandard  under-  which  it  is  sold. 

'1.    In    the   case   of   1 . ....  1 :     First,    if    any   suh-taiicr  or  sill  >stain  es   ha\e   heen    mixed 

with  it,  so  as  to  lower  or  depreciate  or  injuriously  affect  its  Btrength,  quality  or 
purity;  second,  if  any  inferior  or  cheaper  Bubstance  or  substances  have  been  Bubsti 
tuted  wholly  or  in  part  for  it;  third,  if  any  valuable  or  necessary  ingredient  has 

wholly  or   in    part    abstracted  fr it;   fourth,  if  it    is  an    imitation  of,  or  sold 

under  the  name  of,  anot  her  art  icle;  fifth,  if  it  consists,  wholly  or  in  part,  of  a  dis- 
eased, infected,  decomposed,  putrid,  tainted  or  rotfc  n  animal  or  vegetable  Bubstance 

Or  article,  whether   manufactured  or   not;   -i\th,  if   it  is  colored,  coated,   polished   or 

powdered,  whereby  damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is  made 


"See  also  Dairy  Products,  etc  &So  in  Statutes. 

672 


Wisconsin.  673 

to  appear  better  or  of  greater  value  than  it  really  is;  seventh,  if  it  contains  any 
added  substance  or  ingredient  which  is  poisonous,  injurious,  or  deleterious  to  health, 
or  any  deleterious  substance  not  a  necessary  ingredient  in  its  manufacture;  provide  d, 

that  articles  of  food  which  are  labeled,  branded  or  tagged  in  a  manner  showing  their 
exact  character  and  composition  and  approved  by  the  dairy  and  food  commissioner 

of  the  state,  and  not  containing  any  poisonous  or  deleterious  ingredient,  shall  not 
be  deemed  adulterated  in  the  case  of  mixtures  or  compounds  sold  under  their  own 
distinct  names  or  under  coined  names  and  which  articles,  if  substitutes,  are  not  in 
imitation  of,  or  sold  under,  the  name  of  any  other  article  of  food;  and  provided 
further,  that  nothing  in  this  act  shall  be  construed  as  requiring  or  compelling  pro- 
prietors or  manufacturers  of  proprietary  foods  to  disc-lose  their  trade  formulas,  except 
bo  Ear  as  may  be  necessary  to  secure  freedom  from  adulteration,  imitation  or  fraud. — 
As  amended  April  29,  1903,  Laws  of  1903,  ch.  133,  p.  192,  and  as  further  amended  May 
16,  190o,  Laws  of  1905,  ch.  .107,  pp.  297-298. 

Statutes  1898,  vol.  2,  ch.  187,  p.  2783. 

Sec.  1.  Use  of  wood  alcohol.  No  person,  firm  or  corporation  shall  require  or  wil- 
fully permit  the  use  of  wood  alcohol,  or  shellac  or  other  material  dissolved  in  or  mixed 
with  wood  alcohol,  or  Columbian  spirits  within  any  vat  or  tank,  in  such  manner  as 
to  cause  injury  to,  ©r  endanger  the  life  or  health  of  the  person  so  using  it,  or  of  any 
other  person  or  persons. 

Sec  2.  Penalty.  Any  person  who  violates  any  of  the  provisions  in  section  1  of 
this  act  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  for  each  such  offense. 

Sec.  3.  Enforcement.  It  shall  be  the  duty  of  the  commissioner  of  labor,  the  fac- 
tory inspector,  or  any  assistant  factory  inspector,  t<>  enforce  this  act. 

Sec  4.     Effect.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  pae 
and  publication. 

Approved  June  1,  190.r>.     Laws  of  L905,  ch.  274,  p. "415. 

BAKING   POWDERS. 

46011).   (24)    Any  person  who  shall,  by   himself,    his  servant   or  agent  or  by  the 
servant  or  agent  of  any  other  person,  make  or  manufacture  baking  powder  or  any 
mixture  or  compound   intended    for  use  as  a  baking  powder,   or  sell,   exchange  or 
deliver,  or  have  in  his  possession  with  the  intent  to  sell  or  exchange,  or  exp< 
offer  for  -all-  of  exchange  such  bilking  powder,  or  any  mixture  or  compound  intended 
for  use  as  a  baking  powder,  which  contains  alum   in  any  form  or  shape,  unless  the 
presence  of  the  same  be  distinctly  show  ii  by  a  label  on  the  outside  and  face  of  which 
i<   printed    with   a  black   ink   in   legible  type,  not   smaller  than  brevier  heavy  gothic 
cap-,  the  name  and  residence  of  the  manufacturer  and  the  words: 
"THIS   BAKING   POWDER  CONTAINS  ALUM/' 
shall  be  punished  as  provided  in  the  preceding  section. 

Statutes  1898,  vol.  2.  ch.  187,  p.  -. 

BREAD. 

Sec.  l .     Si  i  ni  tat  ion  of  bakeru  s  and  conf  ctionerUs.     All  buildings  occupied  for  bakery 
1  confectionery  establishments  shall  be  well  drain*  d  Ind  all  plumbing  therein 

.-hall  be  constructed  in  accordance  with  well  established  sanitary  principles  and  of 
good  workmanship,  and  the  rooms  thereof  used  for  the  manufacture  or  sale  of 
bread,  and  other  food  products  shall  be  light,  dry  and  airy.     The  room  or  rooms 

used  for  the  manufacture  of  bread  and  oth<  r  food  products  shall  have  floors  and  side 


674  FOODS  AND  FOOD  CONTROL. 

walla  BO  constructed  as  to  exclude  rats,  mice  and  other  vermin  and  said  floor  and 
side  walls  shall  at  all  times  be  free  from  moisture  and  kept  in  a  good  state  of  repair. 
Said  floor  shall  have  a  smooth  surface  and  be  impermeable  and  may  be  constructed 
of  wood,  cement  or  tile. laid  in  cement.  But  no  floor  shall  be  constructed  in  a  n>.  >m 
used  for  the  manufacture  of  Hour  or  meal  products  where  the  floor  of  said  room  i- 
more  than  eight  feet  below  the  level  of  the  street,  sidewalk  or  adjacent  ground. 
The  walls  and  ceilings  of  such  rooms  used  for  the  manufacture  of  bread  and  other 
flour  and  meal  products  shall  he  whitewashed  at  least  as  often  as  once  in  six  months 
and  the  floors,  utensils  and  furniture  of  such  rooms  as  are  used  for  the  manufacture. 
storing  or  sale  of  said  food  products,  and  the  wagons  used  for  the  delivery  of  said 
food  shall  at  all  times  he  kept  in  a  sanitary  clean  condition.  The  furniture  and  uten- 
sils of  such  rooms  shall  also  he  so  arranged  so  that  the  same  can  he  easily  ami 
perfectly  cleaned. 

2.  Toll, i  and  deeping  arrangements.  No  water  closet,  earth  closet,  privy  or  ash 
pit  shall  he  within  or  communicate  directly  with  the  hake  room  or  any  other  room 
used  in  the  manufacture  of  bread  or  other  flour  or  meal  products.  The  sleeping 
places  for  workmen  employed  in  hakeries  shall  he  separate  and  distinct  from  the 
places  used  in  the  manufacture  of  hread  or  other  food  products.  While  engaged  in 
the  manufacture  of  hread  or  other  .flour  or  meal  products  the  workmen  in  bakeries 
shall  provide  themselves  with  caps  and  slippers  or  shoes  and  an  external  suit  of 
coarse  linen,  used  for  that  purpose,  only,  and  these  garments  shall  at  all  time-  he 
kept  in  a  clean  condition.  All  hakeries  shall  he  provided  with  ample  toilet  facilities 
apart  from  the  utensils  used  in  the  preparation  of  said  foods  to  enable  the  workmen 
employed  therein  to  keep  their  persons  clean.  Said  hakeries  shall  also  he  provided 
with  a  separate  dressing  room  to  enable  the  workmen  to  change  their  clothes  and 
keep  the  same  in  the  proper  condition. 

:;.  Bakeries  in  basements  j>r<>hihitr<i.  After  the  passage  of  this  act  no  new 
bakery  -hall  he  established  in  a  room  the  floor  of  which  is  more  than  live  feet  below 
the  level  of  the  street,  sidewalk  or  adjacent  ground,  and  no  hake  shop  shall  he 
reopened  in  such  a  room  where  the  same  has  not  heen  used  for  a  period  of  over  six 
months. 

i.  Employees  expos,;/  to  infectious  <li*<(tsc.  l\o  person  shall  work  or  he 
employed  in  or  ahout  any  bakery  or  other  establishment  for  the  manufacture  of  food 
products  during  the  time  in  which  a  case  of  Infectious  disease  exists  in  the  house  in 
which  resides"  not  thereafter  until  the  local  hoard  of  health  issues  a  certificate  in 
writing  that  no  danger  of  public  contagion  would  result  from  the  employment  of  Bald 

person  in  Buch  establishment 

:>.     Prosecution.     It  shall  be  the  duty  of  ever}-  occupant,  whether  owner  or 
of  every  premia  ■  used  as  a  bakery  or  other  establishment  for  the  manufacture 

of  food  pro. hats  to  .airy  out  the  provisions  of  (his  act  and  make  all  changes  ami 
additions  necessary  therefor.      In  case  BUch  changes  Or  additions  are  made  upon  the 

order  of  an  officer  or  employe  of  the  bureau  of  labor  or  of  a  board  of  health  by  the 
•  of  the  premises  he  may  at  any  time  within  thirty  days  after  the  completion 

thereof  bring  an  action  before  any  justice  of  the  peace,  municipal  or  district  court. 

having  competent  jurisdiction  against  any  person  having  an  interest  insuchprera- 
.nd  may  recover  such  proportion  of  the  expense  of  making  Buch  changes  and 

additions  as   the  court   adjudges  should  justly  and   equitably  he  borne   by  such 

defendant. 

.  »;.     Enforcement;  inspectors;  licen  es.     It  shall  be  the  duty  of  the  state  bureau  of 

labor  and  boards  of  health,  both  Btate  and  local,  to  see  that  the  provisions  of  this  act 

are  enforced  and  the  commissioner  of  labor  shall  appoint  a  proper  and  competent 
n  to  act  as  bakery  inspector  for  two  years,  who  shall  perform  his  duties  under 

the  direction  of  the  said  commissioner.     The  state  factory  inspector  or  any  assistant 


a  So  in  Statutes. 


Wisconsin.  675 

state  factory  inspector  shall  have  the  same  power  as  the  bakery  inspector.     The  said 
bakery  inspector  shall  receive  a  salary  of  $1,000  per  annum  together  with  nee 
traveling  expenses,  to  be  paid  out  of  the  general  fund  not  otherwise  appropriated. 

In  cities  of  five  thousand  inhabitants  or  over  the  common  councils  thereof  may 
for  the  more  perfect  enforcement  of  the  provisions  of  this  act,  provide  by  ordinance 
for  the  issuing  of  licenses  to  the  owners  or  managers  of  bakeries  and  other  establish- 
ments for  the  manufacture  or  sale  of  bread  and  other  food  products,  provided,  how- 
ever, that  the  license  fee  to  be  required  shall  not  exceed  one  dollar  for  any  single 
establishment  per  annum. 

Sec.  7.  Penalty;  notification.  Any  person  who  as  owner  or  manager  of  a  bakery 
or  other  establishment  for  the  manufacture  of  food  products  or  as  a  member  of  a  firm 
or  officer  of  a  corporation  owning  or  operating  such  establishment,  or  as  an  employe 
in  said  establishment,  violates  or  fails  to  comply  with  any  of  the  foregoing  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
less  than  twenty  dollars  nor  more  than  fifty  dollars  or  by  imprisonment  in  the  c<  unity 
jail  for  not  more  than  thirty  days. 

No  criminal  prosecution  shall  be  made  for  any  violation  of  the  provisions  of  this 
act  until  thirty  days  alter  notice,  in  writing,  by  an  officer  or  inspector  of  the  bureau 
of  labor  or  some  officer  or  agent  of  the  board  of  health,  of  any  change  necessary  to 
be  made  to  comply  with  the  provisions  of  this  act,  has  been  served  upon  the  owner, 
n ianager  or  officer  operating  said  establishment,  and  not  then,  if  in  the  meantime, 
such  changes  have  been  made  in  accordance  with  such  notification. 

>i.<  .  8.  Repeal.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

t.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  publication. 

Approved  May  12,  1903;  Laws  of  1903,  ch.  230,  pp.  342-345. 

CANNED  GOODS. 

4601a.     (23)  Labels;  preservatives,  penalty.     Any  person  who  shall,  himself,  or  by 
his  servant  or  agent,  or  as  the  servant  or  agent  of  any  other  person,  pack,    can  or 
pic--,  rvc  within  this  state,  for  use  or  consumption  therein,  fruits,  vegetables,  meats, 
fish  or  shell-fish,  Or  who  shall   sell,  exchange,  deliver  or  have  in  his  possession  with 
intent  t<>  sell,  or  exchange  or  expose  for  sale,  or  offer  for  sale  or  exchange  tor 
consumption  within  this  state  such  canned  articles  containing  saccharin,  formalde- 
hyde, sulphurous  acid  or  sulphites,  salicylic  acid,  or  salicylates  or  any  substance, 
article  or  ingredient  other  than  sugar,  salt,  vinegar  or  spices,  possessing  a  preservative 
character  or  action,  or  any  copper  compound  or  other  artificial  coloring,  «.r  any  bleach- 
ing compound,  or  any  article  injurious  to  health;  or  any  person  who  shall,  himself, 
or  by  his  servanl  or  agent,  or  as  the  servant  or  agent  of  any  other  person,  pack,  can 
or  preserve  within  this  state  tor  use  or  consumption  therein,    fruits,   vegetables, 
meats,  fish  or  shell-fish,  or  who  shall  Bell,  exchange,  deliver,  or  have  in  his  \ 
si. in  with  intent  to  sell  or  exchange,  <>r  expose  for  sale,  or  otter  for  sale  or  exchange 
for  use  or  consumption  within  this  state  such  canned  articles,  unless  each  can  con- 
taining such  articles  shall   hear  a  label  On  which  shall    he  printed  the  true  n.< 
mtents  and  the  name  and  address  of  the  producer  or  packer,  canning  or  pr< 
ing  the  -a i lie,  or  the  dealer  whosells  the  same,  shall  he  guilty  of  a  misdemeanor,  and. 
upon  conviction  thereof,  shall  he  lined  not  less  than  twenty-five  dollars  nor  more 

than  on,'  hundred  dollar- or  he    imprisoned  in  the  county   jail    not    less   than  thirty 
days  nor  more  than  sixty  da\  9. 

Is  amended  April  22,  L905;  Laws  of  1905,  ch.  L04,  pp.  L70-171;  Statutes  1898,  vol. 
2,  ch.  L87,  p.  21 


in  Statutes, 


6  <  6  FOODS    AND    FOOD    CONTROL. 

DAIRY  PRODUCTS  AND  OTHEB   FOOD  SUPPLIES. 

14-10.  (1  )  Appointment  of  dairy  and  food  commission*  r;  assistants  and  report.  The 
dairy  and  food  commissioner  shall  be  appointed  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate,  for  a  term  of  two  years  from  the  date  of  his  appoint- 
ment and  until  his  successor  qualities.  Vacancies  occurring  from  any  cause  shall  he 
filled  for  the  remainder  of  the  term  by  the  governor,  with  the  advice  and  consent  i<\ 
-  nate  if  it  shall  be  in  session,  or  if  it  is  not  in  session,  subject  to  approval  at  the 
:i  next  held  after  snch  appointment  is  made,  if  the  term  for  which  it  was  made  has 
not  expired.  Such  commissioner  may,  with  the  advice  and  consent  of  the  governor, 
appoint  an  assistant,  who  shall  be  an  expert  in  dairy  products,  and  a  chemist  who 
shall  be  a  practical  analytical  chemist;  he  may  also,  with  such  advice  and  consent, 
appoint  an  agent  for  the  inspection  of  milk  dairies,  factories  aim*  creameries,  and  to 
in  the  work  of  the  dairy  and  food  commission  at  such  times  and  for  such 
periods  of  time  as  may  be  required  in  the  enforcement  of  the  dairy  and  food  law-. 
The  compensation  of  such  agent  shall  be  three  dollars  per  day  for  each  day  of  actual 
service,  ami  his  expenses,  to  be  audited  by  the  secretary  of  state  on  the  presentation 
of  accounts  approved  by  the  dairy  and  food  commissioner.  Said  commissioner  may 
also  appoint  a  stenographer  and  confidential  clerk.  The  commissioner  shall  be  fur- 
nished with  a  suitable  office  in  thecapitol,  and  with  such  supplies  and  printing  as  may 
be  necessary.  lie  shall  as  Boon  a- practicable  after  the  thirtieth  day  of  September  in 
each  even-numbered  year  make  a  report  to  the  governor  and  give  therein  an  itemized 
statement  of  all  expenses  incurred  by  him,  and  of  all  fines  collected,  with  such 
statistics  and  other  information  and  suggestions  as  he  may  regard  of  value. 

1410a.  (2)  Power*  and  duties  of  commissioner.  It  shall  be  the  duty  of  the  commis- 
sioner to  enforce  the  laws  regarding  the  production,  manufacture  and  sale  of  dairy 
products,  the  adulteration  of  any  article  of  food  or  drink,  or  condiment  or  of  any 
drug  and  personally  or  by  his  assistants  to  inspect  any  milk,  butter,  cheese,  lard, 
syrup,  coffee,  tea  or  other  article  of  food,  drink,  condiment  or  drug  made  or  offered 
for  sale  within  this  state  which  he  may  suspect  or  have  reason  to  believe  to  be 
impure,  unhealthful,  adulterated  or  counterfeit,  and  to  prosecute  Or  cause  to  be  pros- 
ecuted any  person,  linn  or  corporation  engaged  in  the  manufacture  or  sale  of  any 
adulterated  or  counterfeit  article  or  articles  of  food  or  drink,  or  condiment  or  drug 
in  violation  of  law.  The  district  attorney  of  the  county  in  which  a  violation  of  any 
such  law  ha-  occurred  shall,  when  called  upon  by  the  commissioner  or  either  of  his 
nit-  to  do  so,  give  all  the  aid  he  can  to  secure  the  execution  of  the  law  and  shall 
ute  cases  arising  under  the  provisions  of  this  chapter  or  other  provisions  of 

these  statutes  relating  to  the  adulteration  of  food,  drinks,  condiments  and  drugs  and 

their  sale.      Such  commissioner  -hall    have    power  t-»  appoint,  with  the  approval  of 

the  governor,  special  counsel  to  prosecute  or  a— i-t  in  the  prosecution  of  any  case 
arising  under  the  provisions  of  these  Btatutes  imposing  a  penalty  for  adulterating 
dairy  products,  or  foods,  drinks,  condiments  or  drugs  or  practicing  deception  or 

fraud  in  the  manufacture  and  -ale  thereof.  All  tines  collected  in  prosecul  ions  begun 
or  caused  to  be  begun  by  the  dairy  and  food  commissioner  or  either  of  hi-  a— i.-tant- 

shall  be  paid  into  the  state  treasury.-  As  amended  Man  /.',  t906;  Laws  of  1906,  eh. 
193,  p, 
llloii.  t>>  buildings;  samples;  cheea   stencils.     The  commissioner,   his 

agent  or  a  — brant  -hall  have  free  access  to  any  ham  or  stahle  where  any  cow  is  kepi 
or  milked,  or  to  any  factory,  building,  dairy  or  premises  where  any  dairy  product  is 

manufactured,  handled  or  stored,  when  the  milk  from  such  cow  or  such  product  is  to 

he  sold  or  shipped,  and  may  enforce  -ix-h  measure-  a-  ate  mce-saiy  to  secure  perfect 

cleanliness  in  and  around  the  Bame  and  of  any  utensil  used  therein,  and  to  prevent 
the  sale  of  milk  from  cows  diseased  or  fed  upon  unwholesome  food.     Either  of  them 

may  enter  any  place  or  building  in  which   there  is  reason  to  heheve  that  any  food, 


Wisconsin.  677 

drink  or  drug  is  made,  prepared,  sold  or  offered  for  sale,  and  may  open  any 
package  or  receptacle  of  any  kind  containing,  or  which  is  supposed  to  contain,  any 
article  of  food,  drink  or  drug,  and  examine  or  analyze  the  contents  thereof.  Any 
such  article  or  a  sample  thereof  may  be  seized  or  taken  for  the  purpose  of  having  it 
analyzed;  but  if  the  person  from  whom  it  is  taken  shall  so  request,  at  the  time  of 
taking,  the  officer  shall  then  and  in  the  presence  of  such  person  securely  seal  up  two 
samples  of  such,  article,  one  of  v»hich  shall  be  for  analysis  under  the  direction  of  the 
commissioner,  the  other  shall  be  delivered  to  the  person  from  whom  the  sample  or 
article  was  obtained.  Said  commissioner  shall  adopt  a  uniform  stencil,  bearing  a 
suitable  device  or  motto,  a  number  and  the  words  "Wisconsin  full  cream  <•!, 
and  a  space  for  a  number,  and  upon  proper  application  therefor  and  under  such  regu- 
lations as  to  the  custody  and  use  thereof  as  he  may  prescribe,  issue  the  same,  with 
the  proper  number  inserted,  to  the  proprietor  or  manager  of  any  cheese  factory  in 
this  state;  he  shall  enter  in  a  book  kept  for  that  purpose  the  name,  location  and 
number  of  each  factory  using  such  stencil,  no  number  being  duplicated,  and  the 
name  of  the  person  thereat  authorized  to  use  the  same. 

1410c.  (4)  Submission  of  articles  for  analysis;  evidence.  The  state  board  of  health, 
medical  officers  of  local  boards  of  health,  town  and  village  boards  or  common  councils 
may  submit  to  the  dairy  and  food  commissioner  samples  of  water  or  other  drink.-,  of 
food  or  drugs  for  analysi.-,  and  the  same  shall  be  examined  and  reports  made  of  the 
analysis  thereof  to  the  body  or  officer  submitting  the  same  as  soon  as  practicable; 
such  reports  shall  fully  specify  the  results  of  the  analysis  and  be  signed  by  such 
commissioner;  they  shall  be  accepted  in  all  courts  and  places  as  prima  facie  evidence 
of  the  properties  or  condition  of  the  articles  analyzed. 

1410d.  (5)  Farmer*'  instlhiirs;  expense  of  analyses.  The  governor  may  authorize 
the  commissioner  or  his  assistants,  when  not  engaged  in  the  performance  of  other 
official  duties,  to  give  such  aid  in  farmers'  institutes,  dairy  and  farmers'  conventions 
and  the  agricultural  department  of  the  state  university  as  may  be  deemed  advisable. 
For  the  necessary  expenses  of  making  the  analyses  contemplated  in  the  foregoing 
sections  the  commissioner  may  incur  an  annual  expense  of  not  to  exceed  six  hun- 
dred dollar-,  the  accounts  for  which,  when  verified  and  itemized,  and  approved  by 
the  governor  shall  be  audited  by  the  secretary  of  state. 

Statutes  of  1898,  vol.  1,  pp.  1058-1060. 

14!>4a.  [19)  Fraudulent  accounts;  penalty.  Any  butter  or  cheese  manufacturer 
who  -hall  knowingly  use  or  allow  any  other  person  to  use  for  the  benefit  of  himself 
or  any  other  person  than  he  who  is  entitled  to  the  benefit  thereof  any  milk  or  cream 
from  the  milk  brought  to  him.  without  the  consent  of  the  owner  thereof,  or  who 
shall  refuse  or  Qeglect  to  keep  or  cause  to  he  kept  a  correct  account  '  which  shall  he 
open  to  the  inspection  of  any  person  furnishing  milk  to  him  |  of  the  amount  of  milk 
daily  received,  or  of  the  number  of  pounds  of  butter,  and  the  number  and  aggregate 
weight  of  cheese  made  by  him  eaqj)  day,  or  of  the  number  of  cheese  cut  or  other* 
wise  disposed  of  and  the  weight  of  each,  -hall  for  each  and  every  offense  forfeit  not 

leSfl  than  twenty-five  nor  more  than  one  hundred  dollars,  one-half  of  which  -hall   be 

paid  to  the  person  upon  whom  any  such  fraud  has  been  committed  and  who  tir-t 
made  complaint  thereof;  the  remainder  shall  he  paid  to  the  school  fund. 

Statutes  of  1898,  vol.  i,  ch.  61,  p.  l  LOS. 

44:{s<r.  |  17)   Fraud  in  labeling  chee*  ;  penalty.    Any  person  ^  ho  shall  sell,  offer  for 

.-air.  -hip  or  consign  cheese  labeled  with  a  false  brand  or  label  as  to  the  quality  of 

the  article,   ,»r   shall  088  any  stencil  or   label   turnished  by  the  dairy  and   food   com- 
missioner of  thi>  Btate  and  bearing  the  words  "Wisconsin  full  cream  cheese,"  other- 


678  FOODS  AND  FOOD  CONTROL. 

wise  than  upon  the  bandage  on  the  side  of  full  cream  cheese  and  upon  the  package 
containing  the  Bame,  shall  be  punished  by  tine  of  not  more  than  fifty  dollars  nor  less 
than  twenty-live  dollars. 

Statutes  of  1898,  vol.  2,  eh.  182,  p.  2701. 

4007.  Adulterated  milk;  penalty.  Any  person  who  shall  sell  or  offer  for  sale, 
furnish  or  deliver,  or  have  in  li is  possession  with  intent  to  sell  or  offer  for  sale  or 
furnish  or  deliver  to  any  creamery,  cheese  factory,  corporation  or  person,  any  adul- 
terated milk  or  any  adulterated  cream  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  tine  of  not  less  than  twenty-live 
dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not 
less  than  thirty  days  nor  more  than  sixty  day.-. — As  amended  April  99,  1906;  Laws 
of  1905,  ch.  1S8,  p.  209. 

4607a.  Adulterated  or  unsanitary  milk  and  cream  defined.  In  all  prosecutions  under 
the  preceding  section,  or  any  other  section  of  these  statutes,  or  laws  amendatory 
thereof  or  supplementary  thereto,  relating  to  the  sale  of  adulterated  milk  or  adulter- 
ated cream,  the  term  adulterated  milk  shall  mean:  Milk  containing  less  than  three 
percentum  of  milk  fat,  or  milk  containing  less  than  eight  and  one-half  percentum  of 
milk  solids  not  fat,  or  milk  drawn  from  cows  within  eight  days  before  or  four  days 
after  parturition,  or  milk  from  which  any  part  of  the  cream  has  been  removed,  or 
milk  which  has  been  diluted  with  water  or  any  other  fluid,  or  milk  to  which  bus  been 
added  or  into  which  has  been  introduced  any  coloring  matter  or  chemical  or  pi 
ative  or  deleterious  or  filthy  substance  or  any  foreign  substance  whatsoever;  or  milk 
drawn  from  cows  kept  in  a  filthy  or  unhealthy  condition,  or  milk  drawn  from  any 
sick  or  diseased  cow  or  cow  having  ulcers  or  other  running  sores,  or  milk  drawn 
from  cows  fed  unwholesome  food,  or  milk  in  any  stage  of  putrefaction,  or  milk  con- 
taminated by  being  kept  in  stables  containing  cattle  or  other  animals.  The  term 
adulterated  cream  shall  mean  cream  containing  1«  ss  than  eighteen  percentum  of  milk 
fat,  or  cream  taken  from  milk  drawn  from  cows  within  eight  days  before  or  four  days 
after  parturition,  or  cream  from  milk  to  which  has  been  added  or  introduced  any 
coloring  matter  or  chemical  or  preservative  or  deleterious  or  filthy  substance  or  any 
foreign  substance  whatsoever,  or  cream  from  milk  drawn  from  cows  kept  in  a  filthy 
or  unhealthy  condition,  or  cream  from  milk  draw  u  from  any  sick  or  diseased  cow  or 
cow  having  ulcers  or  other  running  sores,  or  cream  from  milk  drawn  from  cow-  ic<\ 
unwholesome  food,  or  cream  contaminate  d  by  being  kept  in  stables  containing  cattle 
or  other  animals,  or -cream  to  which  has  been  added  or  into  which  has  been  intro- 
duced any  coloring  matter  or  chemical  or  preservative  or  deleterious  <>r  filthy  sub- 
stance or  any  foreign  substance  whatsoever,  or  cream  in  any  stage  of  putrefaction; 
led,  thai  nothing  in  this  act  shall  be  construed  to  prohibit  the  Bale  of  pasteurized 
milk  or  cream  to  which  viscogen  or  sucrate  of  lime  has  been  added  solely  for  the  pur- 
of  restoring  the  viscosity,  if  the  same  be  distinctly  labeled  in  such  a  ma  unci'  as 
to  advise  the  purchaser  of  its  true  character;  and  providing  that  nothing  in  this  act 
shall  be  construed  as  prohibiting  the  sale  of  mirk  commonly  known  as  "skimmed 

milk,"  when  the  same  is  sold  afl  and    for  "  sk  iuiined  milk.''      Milk  drawn  from  COW8 

within  eight  days  before  or  four  days  after  parturition,  or  milk  to  which  has  been 
added  or  into  which  has  been  introduced  any  coloring  matter  or  chemical  or  preserv- 
ative or  deleterious  or  filthy  substance  or  milk  drawn  from  cows  kept  in  a  tilths  or 

unclean  condition,  or  milk  drawn  from  any  sick  or  diseased  cow  or  cow   having  ulcers 

or  other  running  sores,  or  milk  drawn  if »wa  fed  unwholesome  food,  or  milk 

contaminated  by  being  kept  In  .-tables  containing  cattle  or  other  animals  and  cream 

from  any  such  milk,  or  cream  in  an\   stage  of  putrefaction  are  hereby  declare. 1  to  be 

unclean  and  unsanitary  milk  or  unclean  and  unsanitary  cream,  as  the  case  may  be. — 

nended  .!/'/•</ ./.'/,  />■  //. 


Wisconsin.  679 

4607b.  Adding  antiseptics  to  milk,  etc.  Any  person  who  shall  sell  or  offer  for  sale, 
consign  or  have  in  his  possession  with  intent  to  sell  any  milk,  cream,  butter,  cheese 
or  other  dairy  products,  or  who  shall  deliver  to  any  creamery  or  cheese  factory  milk 
or  cream  to  be  manufactured  into  butter  or  cheese-  to  which  milk,  cream,  butter, 
cheese  or  other  dairy  products,  boracic  acid,  salicylic  acid  or  compounds  containing 
them,  or  other  antiseptics  injurious  to  health  have  been  added,  shall  be  punished  In- 
fine  not  exceeding  one  hundred  dollars  nor  less  than  twenty-five  dollars. 

4(>07c.  Skimmed- m il 'k  cheese;  'imitation  butter;  penally.  Any  person  who  shall  by 
himself,  his  agent  or  servant  manufacture,  buy,  sell,  offer,  ship,  consign,  exp' 
have  in  possession  for  sale  within  this  state,  any  cheese  manufactured  from  or  by  the 
use  of  skim  milk  to  which  there  has  been  added  any  fat  which  is  foreign  to  such  milk, 
or  who  shall  by  himself,  his  agent  or  servant  manufacture,  buy,  sell,  offer,  ship,  con- 
sign, expose  or  have  in  possession  for  sale  within  this  state,  any  skimmed-milk  cheese 
or  cheese  manufactured  from  milk  from  which  any  of  the  fat  originally  contained 
therein  has  been  removed,  exceptsuch  last  mentioned  cheese  is  ten  inches  in  diameter 
and  nine  inches  in  height,  or  who  shall,  by  himself,  his  agent  or  servant,  render  or 
manufacture,  sell  or  solicit  or  accept  orders  for,  ship,  consign,  offer  or  expose  for  sale 
or  have  in  possession,  with  intent  to  sell,  any  article,  product  or  compound  made 
wholly  or  partly  out  of  any  fat,  oil  or  oleaginous  substance  or  compound  thereof,  not 
produced  from  unadulterated  milk  or  cream  from  the  same,  and  without  the  admixture 
or  addition  of  any  fat  foreign  to  said  milk  or  cream,  which  shall  be  in  imitation  of 
yellow  butter  produced  from  such  milk  or  cream  with  or  without  coloring  matter, 
shall  for  the  first  offense  be  punished  by  line  of  not  more  than  live  hundred  dollar-. 
nor  less  than  fifty  dollars,  and  for  each  subsequent  offense,  by  imprisonment  in  the 
county  jail  not  to  exceed  sixty  days  nor  less  than  ten  days,  or  by  fine  of  not  more 
than  live  hundred  dollars  nor  less  than  one  hundred  dollars,  or  by  both  such  line  and 
imprisonment.  Nothing  in  this  section  shall  be  construed  to  prohibit  the  manufac- 
ture or  sale  of  oleomargarine  in  a  separate  and  distinct  form  and  in  such  manner  as 
will  advise  the  consumer  of  it-  real  character,  and  free  from  coloration  or  ingredient 
that  causes  it  to  look  like  butter. — As  amended  April  9,  1901. 

160  7  d.  Branding  of  imitation  butter.  Any  persou  who  shall  sell  or  offer  for  sale  to 
any  person  who  asks,  sends  or  inquires  for  butter,  any  oleomargarine,  hutterine  or 
any  similar  Bubstance  made  in  imitation  or  Bemblance  of  pure  butter,  not  made 
entirely  from  the  milk  of  cows,  with  or  without  coloring  matter,  or  w  ho  shall  expose 
for  -ale  oleomargarine,  butterine,  or  any  similar  substance  not  marked  and  dis- 
tinguished on  the  outside  of  each  tub,  package  Or  parcel  thereof  by  a  placard  with 
the  word  "oleomargarine,"  and  not  having  also  upon  every  open  tub,  package  or 
parcel  thereof  a  placard  with  the  word  "oleomargarine,"  such  placard  in  each  case 
to  be  printed  iii  plain,  unconden-ed  gothic  letters  not  less  than  one  inch  long,  and 
not  containing  any  other  word-  thereon,  Or  who  shall  sell  oleomargarine,  butterine 
or  any  similar  substance  from  any  dwelling,  -tore,  office  or  public  mart,  without 
having  conspicuously  posted  thereon  the  placard  or  sign,  in  letters  not  Less  than  four 
Inches  in  length,  "oleomargarine  sold  here,"  or  "butterine  Bold  here."  which  pla- 
card <.r  Bign  Bhall  be  approved  by  the  dairy  and  food  commissioner  of  this  state,  or 
who  shall  sell  or  deliver  from  any  cart,  wagon  or  other  vehicle,  upon  the  public  streets 
or  ways,  oleomargarine,  butterine  or  any  Bimilar  Bubstance,  without  having  on  the 
outside  of  both  Bides  of  -aid  cart,  .wagon  or  other  vehicle  a  placard,  in  uncondensed 
gothic  letters  not  Less  than  three  inch.--  in  length,  "  licensed  to  sell  oleomargarine," 

or  who -hall  furnish  or  canst-  to  be  furnished  in  any  hotel,  boarding-house,  re-tau- 
rant  or  at  any  lunch  counter,  oleomargarine,  butterine  or  any  similar  substance  to 
any  guest   or  patron    thereof,  without    first    notifying  Such  gUOSl   or   patron   that   the 

Bubstance  so  furnished  is  not  butter. -hall  be  punished  as  provided  in  the  last  pre- 
ceding section. 


680  foods  and  food  control. 

4607e.  Imitation  butter  and  chee»  v  institutions;  penalty.  Any  person  who 
shall  knowingly  or  negligently  buy  or  procure  for  use  as  food  in  any  of  the  char- 
itable, correctional  or  penal  institutions  of  this  state  any  butter  or  cheese  not  made 

wholly  and  directly  from  pure  milk  or  cream,  salt  and  harmless  coloring  matter, 
shall  be  lined  not  exceeding  fifty  dollars  nor  less  than  twenty-five  dollars  for  the  rsl 
ae,  and  tor  each  subsequent  offense  shall  be  punished  by  imprisonment  in  the 
county  jail  not  more  than  ninety  days  nor  less  than  ten  days,  or  by  line  not  exceed- 
ing one  hundred  dollars  nor  less  than  fifty  dollars,  or  by  both  fine  and  imprisonment, 

-H»07h.  Obstructing  performance  of  commissioner's  duty;  penalty.  Any  person  who 
shall  obstruct  the  dairy  and  food  commissioner  of  this  state  or  either  of  his  assistants 
in  the  performance  of  their  duty,  by  refusing  him  entrance  t<>  any  place  he  is 
authorized  to  enter  or  by  refusing  to  deliver  to  him  a  sample  of  any  article  of  food, 
drink  or  drug  made,  sold,  offered  or  exposed  for  sale  by  the  person  to  whom  request 
therefor  is  made,  if  the  value  thereof  is  tendered,  shall  be  punished  for  the  first 
offense  by  fine  not  exceeding  twenty-five  dollars,  and  for  each  subsequent  offense 
by  line  not  exceeding  live  hundred  dollars  nor  less  than  fifty  dollars. 

4<><)7,j.  Sanitation  of  cow  stables,  utensils,  etc;  penalty.  Any  person  owning  or  man- 
aging a  dairy,  the  product  of  which  is  sold  for  family  use,  who  shall  feed  his  COWS 
upon  unwholesome  food  or  keep  them  in  unclean  stables  or  handle  the  milk  with 
unclean  utensils  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  be  fined  not  less  than  twenty-live  (lobars  nor  more  than  one  hundred  dollars 
for  the  first  offense,  and  not  less  than  one  hundred  dollars  nor  more  than  two  hun- 
dred dollars  for  each  subsequent  offense. 

Statutes,  1898,  vol.  2,  ch.  187,  pp.  2787-2792. 

Sec.  1.   Appointment  of  assistant  commissioner,  chemist,  and  inspectors;  salaries.     In 

addition  to  the  officials  and  appointees  provided  for   by  section  1-1  K»"  of  the  statutes 

of  L898,  and  of  chapter  144  of  the  laws  of  1903,*  the  dairy  and  food  commissioner 
may,  with  the  advice  and  consent  of  the  governor,  appoint  a  second  assistant  dairy 
and  food  commissioner,  an  assistant  chemist  and  eight  agents  <>r  inspectors,  whose 
duties  shall  be  to  assist  in  promoting  the  work  of  the  dairy  and  food  commissioner 
in  the  manner  herein  provided  and  in  such  way  as  maybe  required  by  the  dairy 
and  food  commissioner  in  the  enforcement  of  the  dairy  and  food  laws.    Of  the  eight 

agents  or  inspectors  herein  provided  for,  three  shall  be  creamery,  dairy  and  food 
inspectors,  whose  duties,  in  addition  to  the  general  duties  hereinbefore  provided,  shall 
be  to  inspect  creameries,  dairies,  foods  and  drugs,  under  the  direction  and  supervi- 
sion of  the  dairy  and  food  commissioner;   four  shall  be  cheese  factory,  dairy  and  food 

inspectors,  whose  duties  in  addition  to  the  general  duties  hereinbefore  provided,  shall 

be  to  inspect  cheese  factories,  dairies,  foods  and  drugs,  under  the  direction  and  super- 
vision of  the  dairy  and  food  commissioner,  and  one  shall  be  chief  food  inspector.  The 
second  assistant  dairy  and  food  commissioner  and  the  cream  cry,  dairy  and  food  inspect- 
ors herein  provided  for,  shall  be  expert  creami  ry  butt<  r  makers,  skilled  in  the  tech- 
nical work  of  creameries,  competent  judges  of  creamery  products,  and  versed  in  modern 

scientific  and  practical  dairy  husbandry.  The  cheese  factory,  dairy  and  f 1  inspect- 
ors herein  provided  for  shall  beexperl  cheese  makers,  skilled  in  the  technical  work  of 
cheese  factories,  competent  judges  of  cheese  factory  products  and  versed  in  modern 
scientific  and  practical  dairy  husbandry.   The  chief  food  inspector  shall  be  experienced 

in  modern  grocery  business.    The  assistant  chemist  shall  be  a  competent  analytical 

chemist  and  shall  devote  his  time  exclusively  to   the  work  of   the   Commission.      The 

annual  salary  of  the  second  assistanl  commissioner  shall  be  sixteen  hundred  dollars; 
the  annual  -alary  of  the  assistanl  chemi-t,  of  the  creamery,  dairy  and  food  inspectors 
and  of  the  chief  food  inspector  shall  be  each  twelve  hundred  dollars;  the  compensa- 
tion of  each  of  the  cheese  factory,  dairy  and  f 1  inspectors  shall  be  one  hundred  dol- 

"See  p,  677.  ''See  p.  688. 


WISCONSIN.  681 

lars  per  month.  The  aforesaid  salaries  and  compensation  shall  be  paid  in  the  same 
manner  as  is  provided  by  law  for  the  payment  of  salaries  of  other  state  officers  and 
employees.  There  shall  also  be  paid  to  the  second  assistant  commissioner  and  to  each, 
of  the  agents  or  inspectors  and  assistant  chemist  herein  provided  for,  their  neo 
and  actual  expenses  incurred  in  the  discharge  of  their  official  duties,  on  the  approval 
by  the  dairy  and  food  commissioner  and  the  governor,  of  verified  and  itemized 
accounts  therefor. 

Sec.  2.  Powers  of  officers.  The  officers  designated  in  section  1  of  this  act  shall 
have  all  the  powers -that  are  conferred  by  law  upon  any  agent,  inspector  or  assistant 
of  the  dairy  and  food  commissioner. 

Sec.  3.  Effect.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  publication. 

Approved  June  17,  1905.     Laws  of  1905,  ch.  390,  pp.  629-630. 

Sec.  1.  Labeling  of  renovated  butter.  No  person,  shall,  himself,  or  by  his  agent  or 
servant,  sell,  offer  or  expose  for  sale,  or  have  in  his  possession  with  intent  to  Bell, 
or  exchange  or  deliver  renovated  butter,  or  butter  which  has  been  melted  and  its 
rancidity  removed  or  masked,  and  which  has  been  regranulated,  colored  and  pre- 
pared in  imitation  or  in  semblance  of  genuine  creamery  butter,  unless  the  subfi 
shall  have  the  words  "Renovated  Butter"  conspicuously  stamped,  labeled  or  marked 
in  one  or  two  lines  and  in  plain  Gothic  letters,  at  least  three-eights"  of  an  inch 
square,  so  that  the  words  cannot  be  easily  defaced,  upon  two  sides  of  each  and  i.  very 
tub,  firkin,  box  or  package  containing  said  renovated  butter;  or,  if  such  butter  is 
exposed  for  sale  uncovered,  or  not  in  a  case  or  package,  a  placard  containing  said 
words  in  the  same  form  as  above  described  in  this  section  shall  be  attached  to  the 
mass  in  such  a  manner  as  to  be  easily  seen  and  read  by  the  purchaser:  and  when 
renovated  butter  is  sold  from  such  package  or  otherwise  at  retail,  in  print,  roll  or 
other  form,  before  being  delivered  to  the  purchaser,  it  shall  be  wrapped  in  wrappers 
plainly  stamped  on  the  outside  thereof  with  the  words  "Renovated  Butter,"  printed 
or  stamped  thereon  in  one  or  two  lines  and  in  plain  Gothic  letters  at  least  three- 
eights"  of  an  inch  square,  and  such  wrapper  shall  contain  no  other  words  or  printing 
thereon,  and  said  words  "Renovated  Butter"  bo  stamped  or  printed  on  the  said 
wrapper  shall  not  be  in  any  manner  concealed,  but  shall  be  in  plain  view  of  the 
purchaser  at  the  time  of  the  purchase. — As  amended  March  /;.  1905.  Laws  of 
ch.  34,  ]>.  86. 

Sec.  2.  Penalty.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
[the  preceding  paragraph]  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  be  fined  not  less  than  twenty-live  nor  more  than  one  hundred  dollars. 

Approved  March  30,  L899.      Laws  of  L899,  eh.  76,  p.   104. 

Sac.  1.  Standard  for  condensed  milk.     No  person  shall  manufacture  for  sale  within 

this  stat*-.  or  offer  or  expose  for  sale,  have  in  his  possession  with  intent  to  sell. 

or  exchange,  any  condensed  milk,  Bweetened  or  unsweetened,  unless  the  same  -hail 
contain  not  Less  than  twenty-eight  percentum,  by  weight,  of  milk  solids,  of  which 

not  less  than  one-fourth  shall  he  milk  fat. 

Sec.  2.  Standard  for  condensed  or  evaporated  cream.  No  person  shall  manufacture 
for  sale  within  this  state,  or  offer  or  expose  for  Bale,  have  in  his  possession  with 
intent  to  sell,  or  Bell  or  exchange,  as  and  for  evaporated  or  condensed  cream,  any 
Bubstance  except  the  product  obtained  bj  the  evaporation  of  a  portion  of  water  from 
cream  containing  nol  less  than  eighteen  percentum,  by  weight,  of  butter  Eat. 
vided,  that  nothing  in  this  act  shall  apply  to  goods  manufactured  for -ale  and  ship- 
ment outside  of  the  state. 
—^^————.  — — — _^^^_ — __^^_ 

"  So  in  Statuti 


682  FOODS  AND  FOOD  CONTROL. 

3.  Penalty.  Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  thirty  days  nor  more  than  sixty  days. 

4.  This  act  shall  take  effect  and  be  in  force  from  and  after  January  1st,  1906. 

Approved  -May  25,  1905.     Laws  of  1905,  ch.  247,  p.  352. 

8ec.  1.  Milk  of  diseased  and  improperly  fed  cows.  No  person  by  himself  or  agent 
shall  offer  for  sale,  furnish  or  deliver,  or  have  in  possession  with  the  intent  to  sell;  or 
offer  for  sale,  or  furnish  or  deliver  milk  or  cream  drawn  from  sick  or  diseased  cow 
or  cows  kept  in  filthy  and  unsanitary  condition,  or  cows  fed  on  refuse  or  slops  from 
distilleries  or  vinegar  factories,  unless  such  refuse  or  slop  be  mixed  with  other 
dry  sanitary  grain  or  food  to  a  consistency  of  a  thick  mush. 

Sec.  2.  Foreign  substance  not  to  be  added  to  milk  or  cream  not  pasteurized.  No  person 
by  himself  or  agent  shall  offer  for  sale  or  furnish  or  deliver  or  have  in  possession 
with  the  intent  to  sell,  offer  for  sale,  or  furnish  or  deliver,  any  milk  or  cream 
having  therein  or  containing  in  any  amount  any  foreign  substance  or  coloring  matter 
or  any  chemical  or  preservative,  whether  for  the  purpose  of  increasing  the  quantity 
of  milk  or  cream  or  for  improving  its  appearance,  or  for  preserving  the  condition  of 
sweetness  thereof,  or  for  any  purpose  whatever,  provided  that  nothing  in  this  act 
shall  be  construed  to  prohibit  the  sale  of  pasteurized  milk  or  cream,  to  which  vis- 
cogen  or  sucrate  of  lime  has  been  added  solely  for  the  purpose  of  restoring  the 
viscosity,  if  the  same  be  distinctly  labeled  in  such  manner  as  to  advise  the  purchaser 
of  its  true  character. 

Sec  3.  Penalty.  Any  person  violating  any  of  the  provisions  of  this  act  shall, 
upon  conviction,  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars  for  each  and  every  offense,  or  be  confined  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  sixty  days. — As  amended  April  8,1905;  Laws  of  1905, 
ch.  66,  p.  125. 

Approved  -May  2,  1899.     Laws  of  L899,  ch.  313,  p.  579. 

-  .  i.  Biennial  report ;  quarterly  bulletins.  In  lieu  of  the  twenty  thousand  copies 
of  the  biennial  reportof  the  dairy  ami  food  commissioner,  as  provided  in  sectioD 
335c  of  the  statutes  of  L898,  the  number  of  copies  of  the  said  biennial  reportof  the 

dairy  and    food   commissioner  shall   be  five  thousand  bound  in  cloth,  and   the  said 

daiiy  and  food  commissioner  may  also,  with  the  consent  of  the  governor,  and  in 
accordance  with  the  laws  regulating  the  printing  and  publication  of  public  documents 
or  bulletins,  prepare,  print  and  distribute  to  such  persons  as  may  be  interested,  or 
may  apply  therefor,  a  quarterly  or  semi-annual  bulletin  in  suitable  paper  covers,  con- 
taining results  of  inspections,  results  of  analyses  made  by  the  chemist  for  the  dairy 
and  food  commission,  with  popular  explanations  of  the  Bame  and  such  other  infor- 
mation as  may  come  to  him  in  his  official  capacity,  relating  to  the  adulteration  of 
food,  drug  and  drink  products  and  of  dairy  products,  bo  far  as  he  may  deem  the 
same  of  benefit  and  advantage  to  the  public;  also  a  brief  Bummary  of  the  work  done 
during  the  quarter  by  the  commissioner  and  bis  assistants  in  the  enforcement  of  the 
dairy  and  fo.»d  laws  of  the  state;  bul  aol  more  than  fifteen  thousand  copies  of  each 
such  quarterly  bulletin  shall  be  printed.  As  amended  May  IB,  1906;  Laws  of  1905, 
ch.  188,  p. 

•_'.    DaU  of  effect.      This  art    shall    take  effect  and  he  in  force  from   and   after  its 

:  '•■  and  publication. 
Approved  April28,  L903,     Law-,  L903,  ch,  LSI,  p.  L90. 


Wisconsin.  683 

Sec.  1.  Assistants  to  the  commissioner ;  salaries.  In  addition  to  the  provisions  of 
section  1410«  of  the  statutes  of  1898,  the  dairy  and  food  commissioner  may,  with  the 
advice  and  consent  of  the  governor,  appoint  an  assistant  chemist  for  the  dairy  and 
food  commission,  when  needed,  who  shall  be  paid  not  to  exceed  fifty  dollars  per 
month,  in  the  same  manner  as  the  analytical  chemist  is  paid;  he  may  also,  with  such 
advice  and  consent,  appoint  two  agents  for  the  inspection  of  foods,  milk  dairies, 
cheese  factories  and  creameries,  and  to  assist  in  the  work  of  the  dairy  and  food  com- 
mission at  such  times  and  for  such  periods  of  time  as  may  be  required  in  the  eni 
ment  of  the  dairy  and  food  laws.  The  compensation  of  each  of  said  agents  shall  he 
three  dollars  per  day  for  each  day  of  actual  service  and  his  expenses  to  he  audited 
\>y  the  secretary  of  state  on  the  presentation  of  accounts  approved  by  the  dairy  and 
food  commissioner.  In  addition  to  the  foregoing,  the  dairy  and  food  commissioner 
may  appoint  one  expert  agent  or  more  for  the  special  inspection  of  cheese  factories 
and  creameries  and  so  far  as  may  be  deemed  practicable  their  sources  of  supply,  for 
such  times  and  periods  of  time  as  may  be  deemed  necessary,  provided  that  no  cost 
for  compensation  or  traveling  expenses  of  said  expert  agents  shall  thereby  be  incurred 
by  the  dairy  and  food  commissioner. 

Sec  2.  Date  of  effect.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  publication. 

Approved  May  2,  VM).     Laws,  1903,  ch.  144,  p.  208. 

Bbc.  1.   Collection  of  dairy  statistics  by  assessor.     It  shall  be  the  duty  of  the  ass 
of  each  town,  village  and  city,  at  the  time  of  making  the  annual  assessment  of  prop- 
erty, to  collect  dairy  statistics  as  follows: 

Of  creameries:  The  number,  the  value  thereof,  the  number  of  patrons  contributory, 
the  number  of  cows  contributory,  the  number  of  pounds  of  milk  received,  the  num- 
ber of  pounds  of  butter  made,  the  amount  of  money  received  for  products  sold  during 
the  preceding  twelve  months; 

Of  cheese  factories:  The  number,  the  value  thereof,  the  number  of  persons  con- 
tributory, the  number  of  cows  contributory,  the  number  of  pounds  of  milk  received, 
the  number  of  pounds  of  cheese  made,  the  amount  of  money  received  for  products 
sold  during  the  preceding  twelve  months; 

Of  milk  condensing  factories:  The  number,  the  value  thereof,  the  number  of 
patrons  contributory,  the  number  of  cows  contributory,  the  number  of  pounds  of  milk 
received,  the  number  of  pounds  of  condensed  milk  produced,  the  amount  of  money 
received  for  the  products  sold  during  the  preceding  twelve  months; 

Of  butter:  The  Dumber  of  pounds  made  on  farms,  the  value  thereof; 
Of  cheese:  The  number  of  pounds  made  on  'farms,  the  value  thereof; 
Of  milk:  The  number  of  gallons   sold  by  producers  other  than   thai    furnished  or 

sold  to  creameries,  cheese  factories  or  condensed  milk  factories. 

And  said  assessor  shall  make  duplicate  certificates  of  such  statistics,  one  of  \\  hich 
lie  shall  file  in  the  office  of  the  town,  village  or  city  clerk,  of  his  town,  \ilL. 
city  as  the  case  may,  he,  and  the  other,  with  the  clerk  of  his  county,  on  or  before  the 

lii'M    day   of   A.UgUSl    of   the   -ame   year.      The    county   clerk    shall,    00   01   before   the 

fifteenth  day  of  August  of  each  year,  forward  to  the  secretary  of  state  to  be  kept  in 
bis  office,  a  certificate  of  the  aggregate  number  of  each  of  said  items  or  products  in 
his  county  as  ascertained  and  compiled  from  the  certificates  of  said  a 

Bbo.  2.  Duplicali  records;  where  filed.  It  -hall  be  the  further  duty  of  each  said 
assessor  at  the  aforesaid  time,  to  make  duplicate  li-t<  comprising  the  name  and  loca- 
tion   of  each   creamery,  cheese   factory  and    milk    condensing  factory  located    in   his 

town,  village  or  city,  and  the  name  and  postoffice  address  of  each  owner  or  manager 
thereof ,  and  the  name  and  postoffice  address  of  each  buttermaker  or  cheeeemaker 

See  p.  « i77. 


684  FOODS  AND  FOOD  CONTROL. 

thereof.  He  shall  file  one  of  raid  duplicate  lists  in  the  office  of  the  town,  villa. 
city  clerk  of  his  town,  village  or  city,  as  the  case  may  be,  and  the  other  with  the 
clerk  of  his  county,  on  or  before  the  first  day  of  August  of  the  same  year.  The 
county  clerk  shall,  on  or  before  the  fifteenth  day  of  August  of  each  year,  forward  to 
scretary  <>f  state,  a  corresponding  complete  list  for  his  county  as  ascertained  from 
the  li-ts  of  said  . 

For  the  purposes  of  this  act,  the  term  creamery  or  cheese  factory,  shall  mean  a 
creamery  or  cheese  factory,  in  winch  the  milk  or  cream  from  not  less  than  three  sepa- 
rate herds  of  cows,  is  manufactured  into  butter  or  cheese  respectively. 

.'!.  ( 'ampliation  of  report*.  The  secretary  of  state  shall  compile  in  suitable  form 
the  information  by  him  received,  as  provided  in  the  preceding  sections,  and  certify  the 
same  to  the  dairy  and  food  commissioner  before  the  fust  day  of  September  of  each  year. 

Sec.  4.  Secretary  of  state  to  furnish  blanks,  etc.  The  secretary  of  state  shall  prepare 
and  furnish  to  the  proper  officers,  all  blanks  and  instructions  necessary  for  carrying 
out  the  provisions  of  this  chapter. 

5.  Bate  of  effect  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  publication. 

Approved  May  9,  1903.     Laws  1903,  ch.  187,  p.  267. 

-  .  1.  Use  <>f  Babcock  tests;  standard  capacity  of  measures.  In  the  use  of  the  Bab- 
cock  test,  the  standard  milk  measures  or  pipettes  shall  have  a  capacity  of  17.6  cubic 
centimeters,  and  the  standard  test  tubes  or  bottles  for  milk  shall  have  a  capacity  of 
2  cubic  centimeters  for  each  10  per  cent,  marked  on  the  necks  thereof;  cream  shall  be 
tested  by  weight  and  the  standard  unit  for  testing  shall  be  18  grams,  and  it  is  hereby 
made  a  misdemeanor  to  use  any  other  standards  of  milk  or  cream  measure  where 
milk  or  cream  is  purchased  by  or  furnished  to  creameries  or  cheese  factories  and 
where  the  value  of  said  milk  or  cream  is  determined  by  the  per  cent,  of  butter  fat 
contained  in  the  same,  or  wherever  the  value  of  milk  or  cream  is  determined  by  the 
per  cent,  of  butter  fat  contained  in  the  same  by  the  Babcock  test. 

.l'.  »//,  of  falsely  graduated  measures.  Any  manufacturer,  merchant,  dealer  or 
agent  in  this  state  who  shall  offer  for  sale  or  sell  a  milk  pipette  or  measure,  test  tube 
or  bottle  which  is  not  correctly  marked  or  graduated  as  herein  provided  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  as  provided 

in  section  1  of  this  act. 

:;.  False  tests  unlawful.  It  shall  be  unlawful  for  the  owner,  manager,  agenl  or 
an\  employee  of  a  cheese  factory,  creamery,  or  condensed  milk  factory  to  falsely 
manipulate  or  under-read  or  over-read  the  Babcock  test  or  any  other  contrivance 

OSed  for  determining  the  quality  or  value  of  milk  or  cream  or  to  make  any  false 
determination  by  -aid   Babcock  test  or  otherwise.  —  As  amended  April  :p  1906;  Laws 

Of  1906,  Ch.  !'!>,  p.    166. 

i.   Penalty.     Whoever  shall  violate  any  oi  the  provisions  of  this  act  shall  be 

guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  he  punished  by  a  line  of 
not  less  than  tuenty-li\e  dollars  nor  more  than  one  hundred  for  each  and  every 
Offense,  <>r  be  Imprisoned  in  the  county  jail  not  Less  than  thirty  days  nor  more  than 
sixty  days.     As  amended  April  M,  1906;  Laws  of 1906 ,  ch.  99,  p.  167. 

...   Date  of  effect.    This  act  shall  take  effect  and  be  in  force  from  and  after  its 
ge  and  publication. 

Approved  March  l'7.  L903.     Laws,  L908,  ch.  43,  p.  64. 

i.  Sanitation  of  cow  stables;  addition  of  visoogen  to  milk.  Milk  which  shall  be 
drawn  from  cows  that  are  kept  in  barns  or  stables  which  are  not  well  Lighted  and 

Ventilated, Or  that  are  filthy  from  an  accumulation  of  animal  refuse  <>r  from  any  other 
Cause,  <>r  from  cows  which  are  themselves  in  a  filthy  condition,  and  milk  in  or  from 
can-  or  other  utensils  that  are  not  kept  in  a  clean  and   sanitary  condition,  or  milk  to 


Wisconsin.  685 

which  has  been  added  any  unclean  or  unsanitary  foreign  substance,  is  hereby  declared 
to  be  unclean  and  unsanitary  milk;  provided,  that  nothing  in  this  act  shall  be  con- 
strued to  prohibit  the  sale  of  pasteurized  milk  or  cream  to  which  viseogen  or  sucrate 
of  lime  has  been  added  solely  for  the  purpose  of  restoring  the  viscosity,  if  the  same 
be  distinctively  labeled  in  such  manner  as  to  advise  the  purchaser  of  its  true  character. 

Sec.  2.  Sale  of  unclean  milk  prohibited.  Xo  person,  firm  or  corporation,  shall  know- 
ingly offer  or  expose  for  sale,  or  sell,  or  deliver  for  sale  or  consumption,  or  to  any 
creamery  or  cheese  factory  or  milk  condensing  factory,  or  have  in  his  possession  with 
intent  to  sell  any  unclean  or  unsanitary  milk. 

Sec  3.  Use  of  unclean  milk  in  factories  prohibited.  Xo  person,  firm  or  corporation, 
shall  knowingly  manufacture  for  sale  any  article  of  food  from  unclean  or  unsanitary 
milk  or  from  cream  from  the  same. 

Sec.  4.  Sanitary  utensils  in  cheese  factories,  etc.  All  premises  and  utensils  employed 
for  the  manufacture  or  sale  or  offering  for  sale  of  food  products  from  milk  or  cream 
from  the  same  which  shall  not  be  kept  in  clean  and  good  sanitary  condition  are 
hereby  declared  to  be  unclean  and  unsanitary.  Any  milk  dealer  or  any  person,  firm 
or  corporation  furnishing  milk  or  cream  to  such  dealer,  or  the  employee  of  such 
milk  dealer,  and  any  person,  firm  or  corporation  or  the  employee  of  such  person, 
firm  or  corporation,  who  operates  a  creamery,  cheese  factory  or  milk  condensing 
factory,  or  manufactures,  re-works  or  packs  butter  for  sale  as  a  food  product,  shall 
maintain  his  premises  and  utensils  in  a  clean  and  sanitary  condition. 

Sec  5.  Cleansing  of  milk  cans.  Any  person,  firm  or  corporation,  who  receives  any 
milk  or  cream  in  cans,  bottles  or  vessels,  which  has  been  transported  over  any  rail- 
road, or  boat  line,  where  such  cans,  bottles  or  vessels  are  to  be  returned,  shall  cause 
the  said  cans,  bottles  or  vessels  to  be  emptied  before  the  said  milk  or  cream  con- 
tained therein  shall  become  sour,  and  shall  cause  said  can-,  bottles  and  vessels  to  be 
immediately  washed  and  thoroughly  cleansed  and  aired. 

'.  Whoever  violates  any  provision  of  this  act  shall,  upon  conviction 
thereof ,  be  punished  by  a  fine  of  not  less  than  twenty-live  dollars  nor  more  than  one 
hundred  dollars  for  each  and  every  offense,  or  shall  be  imprisoned  in  the  county  jail 
not  less  than  thirty  days  nor  more  than  sixty  days. — As  amended  May  -A  1906;  Laws 
of  1906,  ch.  164,  p.  1*9. 

f  effect.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 
_-•  and  publication. 

Approved  April  3,  L903.     Laws  L903,  ch.  67,  p.  105. 

FLAVORING   EXTRACTS. 

1.    Standards    for  1, ■,,,>,,,  ami    rmi'dln  > .rfr<i<-f.<;  penalty.      Any    person    who 

manufacture  for  sale,  sell,  or  offer  or  ex]  sale  or  have  in  his  possession  with 

intent  to  sell  as  and  for  lemon  extract,  or  extract  of  lemon,  or  essence  of  lemon,  or 
lei 1 1. in  essence,  or  spirits  of  lemon,  or  under  any  designation  which  include-  any  of 
the  aforesaid  names  any  preparation  other  than  a  solution  containing  not  less  than 
five  percentum,  by  volume,  of  pure  lemon  oil  in  ethyl  alcohol;  or  any  person  who 
shall  manufacture  :  offer  or  expose  for  sale  or  have  in  his  ] 

witii  intent  to  -ell  as  and  for  vanilla  extract,  or  extract  of  vanilla,  or  tincture  of 
vanilla,  or  vanilla  tinctui  ler  any  designation  which   includes  any  of  the 

said  name-  any  preparation  which  shall  contain  any  flavoring  or  coloring  ingre- 
dient other  than  those  derived  from  pure  vanilla  bean,  shall  forfeit  to  the  state  of 

Wisconsin  the  sum  of   not  less  than  twenty-live  dollars  nor  more  than  one  hundred 
dollars.      Providing  nothing  in  this  ad    shall    prohibit  the  manufacture  of   the  above 
Bed  articles  for  sale  and  shipment  without  the  state. 

'.  This  act  shall  take  effect  and  be  in  force  from  and  alter  .January 
1.  L906. 

Approved  May  22,  L906.     Laws  of  L906,  ch.  228,  pp 


686  FOODS  AND  FOOD  CONTROL. 

FLOUR  (BUCKWHEAT). 

.  1.  Buckwheat  compounds  must  be  so  labeled.  No  person  shall  manufacture  for 
Bale  within  this  state,  or  offer  or  expose  for  sale,  have  in  possession  with  intent  to 
sell,  or  sell  or  exchange  any  ground  buckwheat  containing  any  product  of  wheat, 
corn,  rice  or  other  foreign  substance,  unless  each  and  every  package  thereof  shall  be 
distinctly  branded  or  labeled  in  letters  not  less  than  one-half  inch  in  length  with  the 
name  of  the  maker  and  factory,  and  the  location  of  such  factory,  and  the  words 
"Buckwheat  Flour  Compound,"  together  with  the  words,  "This  buckwheat  flour 
compound  contains  the  following  ingredients  and  none  other,"  and  immediately 
after  the  latter  words  shall  appear  in  the  same  size  letters  the  true  names  of  each  and 
every  ingredient  of  such  mixture  or  compound.  Provided,  that  this  act  shall  not  be 
construed  as  prohibiting  the  manufacture  and  sale  of  Self-Rising  Buckwheat  Flour 
when  labeled  or  branded  as  such  and  when  the  same  consists  only  of  pure  buckwheat 
flour,  salt,  sodium  bicarbonate  and  calcium  acid  phosphate,  cream  of  tartar  or  tartaric 
acid. 

S»  .  2.  Style  of  label.  Any  brand  or  label  herein  required  shall  be  an  inseparable 
part  of  the  general  or  distinguishing  label,  and  such  label  shall  he  that  principal  and 
conspicuous  sign  under  which  it  is  sold,  and  any  other  label  or  printed  matter  upon 
the  package  shall  not  be  in  contravention  of  the  requirements  of  this  act. 

.  'A.  Possession  evidence  of  intent  to  sell.  The  having  in  possession  of  any  buck- 
wheat flour  compound,  which  is  not  branded  or  labeled  as  hereinbefore  required  and 
directed  upon  the  part  of  any  person  engaged  in  the  public  or  private  sale  of  such 
article,  shall,  for  the  purpose  of  this  act,  be  deemed  prima  facie  evidence  of  intent  to 
Sell  the  same. 

Sec.  4.  Sale  defined.  The  taking  of  orders  or  the  making  of  agreements  or  con- 
tract by  any  person,  firm  or  corporation  or  by  any  agent  or  representative  thereof, 
for  the  future  delivery  of  buckwheat  flour  compound  shall  be  deemed  a  sale  within 
the  meaning  of  this  act. 

•").  Penalty.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
shall  he  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  he  pun- 
ished by  a  tine  of  not  less  than  twenty-live  dollars  nor  more  than  one  hundred  dol- 

ir  by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than  thirty  nor 
more  than  ninety  days,  or  by  both  such  line  and  imprisonment,  in  the  discretion  of 
the  COUrt. 

-  c.  6.   Effect.    This  act  shall  take  effect  and  be  in  force  from  and  after  July  1,  L905. 

Approved  May  12.   L905.      haws  of  L905,  ch.   L87,  pp.  '212-1TA. 

HONEY. 

C.  1.  Imitations  prohibited.  No  person  -hall,  himself ,  or  by  his  agent  or  servant, 
Bell,  offer  or  expose  for  sale  or  have  in  his  possession  with  intent  to  sell  as  and  for 
honey  any  substance  whatsoever  thai  is  not  the  Legitimate  and  exclusive  product  of 
the  honey  bee,  to-wit,  1  he  neetar  of  flow  <•!>,  honey  dew  and  natural  saccharine  exu- 
dations of  plants  gathered  and  stored  in  the  comb  by  bees. 

2.  Penalty.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
shall  be  deemed  guilt)  of  a  misdemeanor  and,  upon  conviction  thereof,  shall  be 
punished  by  a  tine  of  not  Less  than  twenty-five  dollars  nor  more  than  one  hundred 

dollars  or  by  imprisonment  in  t  he  county  jail  not   less  t  han  thirty  days  nor  more  than 

days. 
Bbo.  3.   Repeal,    Section  L607f  of  the  statutes  of  1898  is  hereby  repealed. 
Sbc.  h   Effect.    This  art  shaH  take  effect  and  be  in  force  on  and  after  October  1st, 
L906. 

Approved  May  22,  L906.     haws  of  L905,  ch.  220,  p.  829. 


Wisconsin.  687 

ICE. 

4(>07k.  (30. )  ]So  person  or  corporation  shall  sell  or  offer  for  sale  or  cause  the  same 
to  be  done  within  thin  state  for  domestic,  culinary  or  drinking  purposes,  any  ice 
which  contains  mud,  decayed  vegetation,  animal  or  foreign  matter  or  malarial  sub- 
stance. Every  person  or  corporation  offering  ice  for  sale  shall  have  posted  on  his  or 
its  wagons,  in  a  conspicuous  manner,  the  name  of  the  place  from  which  the  ice  so 
offered  for  sale  was  cut,  harvested  or  manufactured,  and  all  persons  or  corporations 
dealing  in  or  handling  impure  ice,  to  be  used  for  cooling  purposes  only,  shall  have 
their  wagons  bo  labeled.  Any  person  who  or  corporation  which  violates  any  of  the 
provisions  of  this  section  shall  be  deemed  guiky  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  less  than  fifty  dollars  or  more  than 
one  hundred  dollars. 

Statutes,  1898,  vol.  2,  ch.  187,  p.  2792. 

MEAT. 

4007g.  (28.)  Diseased  and  unwholesome  meat.  Any  person  who  shall  sell  or  expose 
for  sale,  or  give  away  for  use  as  a  food,  or  can  or  pack  for  the  purpose  of  transporta- 
tion to  and  sale  in  any  market  or  place  any  unwholesome,  stale,  emaciated,  blown, 
tainted,  putrid  or  measly  meat,  or  the  flesh  of  any  diseased  animal  or  of  any  animal 
not  slaughtered  for  the  purpose  of  food>  knowing  or  having  good  reason  to  believe 
that  such  meat  is  as  above  described,  or  that  such  flesh  is  the  ilesh  of  a  diseased  ani- 
mal or  of  an  animal  not  slaughtered  for  such  purpose,  and  any  person  or  corporation 
owning  or  operating  any  slaughter-house  or  packing  establishment  in  this  state  who 
shall  receive  for  the  purpose  of  killing,  or  kill,  any  diseased  animal,  or  render  the 
carcass  of  any  animal  that  shall  die  by  disease  or  in  consequence  of  exposure,  or  that 
shall  not  have  been  slaughtered  for  food,  knowing  or  having  good  reason  to  believe 
that  such  animal  was  diseased,  or  had  died  from  disease  or  in  consequence  of  expo- 
sure, or  had  not  been  slaughtered  for  food,  such  person  shall  be  punished  by  impris- 
onment in  the  county  jail  not  exceeding  six  months  nor  less  than  ten  days,  or  by 
fine  oi  n<>t  more  than  one  hundred  dollars  nor  less  than  ten  dollars,  or  both,  and 
such  corporation  shall  be  fined  not  more  than  five  hundred  dollars  nor  less  than  ten 
dollars. 

Statutes  1898,  vol.  2,  ch.  187,  p.  2791. 

>k<  !.  1.  Penalty  for  use  of  antiseptics.  Any  person  who  by  Himself  or  hisagenl  shall 
offer  or  expose  for  sale,  take  orders  for,  or  sell,  or  have  in  his  possession  with  intent 
to  sell  for  use  or  consumption  within  the  stun-  any  Baosage  or  chopped  meat  com- 
pound containing  any  artificial  coloring,   or  chemical  preservative  or  antiseptic, 

except  common  salt,  saltpetre,  Bpicefi  or  w I  smoke  shall  be  deemed  guilty  of  a 

misdemeanor,  and  upon  conviction  thereof,  shall  be  lined  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars. — As  arm  nded  May  I 

ch.   /'</,  p.  380. 

2.   "Effect.    This  act  Bhall  take  effect  and  be  m  force,  from  and  after  the  date 

of  its  passage  and  publication. 
Approved  April  27,  19Q1.     Laws  of  L901,  ch.  243,  p.  328. 

PRESEEV  \TIVI  - 

l.  Certain  preservatives  prohibited,  others  must  be  made  known  to  pure)  Bfo 

person,  i i i-i •  corporation  shall,  by  himself,  or  by  hie  agents  or  servants,  manufac- 
ture, Bell,  ship,  consign,  6ffer  for  Bale,  expose  for  sale  or  have  in  his  possession  with 

intent  to  Bel]  for  use  or  consumption  within  the  state,  am   article  ol    food  within  the 


688  FOODS  AND  FOOD  CONTROL. 

meaning  of  section  4600  of  the  statutes  of  189S  »  and  laws  amendatory  thereof,  which 
contains  formaldehyde,  sulphurous  acid  or  sulphites,  boric  acid  or  borates,  salicylic 
acid  or  salicylates,  saccharin,  dulcin,  glucin,  beta  naphthol,  abrastol,  asaprol,  fluor- 
:luorborates,  fluosilicates  or  other  fluorine  compounds,  or  any  other  preserva- 
tives injurious  to  health;  provided,  however,  that  nothing'  contained  in  this  section 
shall  prohibit  the  use  of  common  salt,  saltpetre,  wood  smoke,  sugar,  vinegar  and 
condimental  preservatives,  such  as  turmeric,  mustard,  pepper  and  other  spices.  Nor 
shall  any  person,  firm  or  corporation,  by  himself,  or  by  his  agents  or  servants,  man- 
ufacture, sell,  ship,  consign,  offer  for  sale,  expose  for  sale  or  have  in  his  possession 
with  intent  to  sell  for  use  or  consumption  within  the  state,  any  article  of  food  within 
the  meaning  of  section  4600  of  the  statutes  of  1898  and  laws  amendatory  thereof, 
containing  any  added  substance,  article  or  ingredient  possessing  a  preservative  char- 
acter or  action  other  than  the  articles  named  in  the  proviso  of  this  act,  unless  the 
presence,  name  and  proportionate  amount  of  said  added  substance,  article  or  ingre- 
dient shall  be  plainly  disclosed  to  the  purchaser. 

Sec.  2.  Penalty.  Every  person,  firm,  or  corporation  and  every  officer,  agent,  serv- 
ant or  employee  of  such  person,  firm  or  corporation  who  violates  any  of  the  provis- 
ions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there  if, 
shall  be  lined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars 
or  be  imprisoned  in  the  county  jail  not  less  than  thirty  days  nor  more  than  sixty 
day.-. 

Sec.  3.  Effect.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  first 
day  of  January,  1906,  after  its  passage  and  publication. 

Approved  March  27,  1905.     Laws  of  1905,  ch.  33,  pp.  84-85. 

SYRUPS. 

Sec.  1.  Adulterated  maple  product*;  penalty.  Any  person  who  shall  manufacture 
for  Bale,  sell,  or  offer  or  expose  for  sale  or  have  in  his  possession  with  intent  to  sell, 
as  and  for  maple  sugar  or  maple  syrup,  any  article  other  than  the  unadulterated 
product  produced  by  the  evaporation  of  pure  sap  from  the  maple  tree,  shall  forfeit 
to  the  state  of  Wisconsin,  the  sum  of  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollar-. 

9n  .  2.  Effect.  This  act  shall  take  effect  and  be  in  force  on  and  after  October  1, 
1905. 

Approved  May  3,  1905.     Laws  of  1905,  ch.  151,  p.  22:5. 

9a  .  I.  Syrups  must  he  true  to  name;  labels.  No  person  shall  Bell,  offer  or  expose 
for  sale  or   have   in  his  possession  with  intent    to  sell   any  syrup,  BUgar-cane  syrup, 

sorghum  syrup,  molasses  <>r  glucose,  unless  the  same  be  true  to  the  name  under 
which  it  is  sold,  and  as  defined  in  the  standards  of  purity  for  f<»od  products  as 
adopted  by  the  United  states  Department  of  Agriculture,  and  unless  the  barrel, 
cask,  keg,  can,  pail  or  pacakge6  containing  the  same  be  distinctly  branded  or  Labeled 

with  the  true  name  of  its  contents  as  defined  in  the  above  named  standards;  and  no 
person  .-hall  sell,  offer  or  expose  for  Bale  Or  have  in  his  possession  with  intent  to  sell 
any  syrnp,  BUgar-cane  syrnp,  BOrghum  syrnp,  or  niola--.-  mixed  with  gluCOSC  unless 
the  mixture  he  -old  as  and  for  compound  glucose  mixture  0/  corn  syrnp,  and   unless 

the  barrel,  cask,  ke^r,  can,  pail  <>r  package  containing  the  same  be  distinctly  branded 
or  labeled  "Glucose  Mixture"  or  "Corn  Syrup,"  in  plain  Gothic  type  not  less  than 
three-eights 6  of  an  inch  square,  with  the  name  and  percentum  by  weighl  of  each 
ingredient  contained  therein  plainly  stamped,  branded  or  stenciled  on  each  package 
in  plain  Gothic  Letters  not  less  than  one-quarter  of  an  inch  square.     Each  and  every 


.    p.  1172.  ''So  in  Statute.-. 


Wisconsin.  689 

package  of  syrup,  either  simple  or  mixed,  shall  bear  the  name  and  address  of  the 
.manufacturer.  Such  mixtures  or  syrups  shall  have  no  other  designation  or  brand 
than  herein  required  that  represents  or  is  the  name  of  any  article  which  contains  a 
saccharine  substance;  and  all  brands  or  labels  required  shall  be  an  inseparable  part 
of  the  general  or  distinguishing  label,  and  the  general  or  distinguishing  label  shall 
be  the  principal  and  conspicuous  sign  under  which  it  is  sold;  nor  shall  any  of  the 
aforesaid  glucose,  syrups,  molasses  or  mixtures  contain  any  substance  injurious  to 
health,  nor  any  other  article  or  substance  otherwise  prohibited  by  law  in  articles  of 
food. 

Sec.  2.  Penalty.  Whoever  shall  do  any  of  the  acts  or  things  prohibited,  or  neglect 
or  refuse  to  do  any  of  the  acts  or  things  required  by  this  act,  or  in  any  way  violate 
any  of  the  provisions,  shall  forfeit  to  the  state  of  Wisconsin,  the  sum  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars. 

Sec.  3.  Effect.  This  act  shall  take  effect  and  be  in  force  on  and  after  October  1st, 
1905. 

Approved  May  3,  1905.     Laws  of  1905,  ch.  152,  pp.  223-224. 

•       VINEGAR. 

4:607i.  (29.)  Standards;  brands;  penalty.  No  person  shall  sell,  manufacture  for 
sale,  offer  or  expose  for  sale  or  have  in  his  possession  with  intent  to  sell  as  apple, 
orchard,  or  cider  vinegar,  any  vinegar  which  has  not  been  made  exclusively  by  the 
fermentation  of  pure  apple  juice,  known  as  apple  eider;  or  vinegar  which  contains 
any  foreign  substance  whatsoever;  or  vinegar  which  shall  contain  less  than  4  per 
centum  by  weight  of  absolute  acetic  acid;  or  vinegar  which  shall  be  found  to  contain 
less  than  one  and  three-fourths  per  centum  by  weigh!  of  pur*'  cider  vinegar  solids 
upon  full  evaporation  at  two  hundred  a»d»twelve  degrees  Fahrenheit;  and  no  person 
shall  sell,  offer  or  expose  for  sale  or  have  in  his  possession  with  intent  to  sell  any 
cider  vinegar  unless  each  barrel,  cask  or  keg  containing  the  same  be  plainly  stenciled 
or  branded  on  one  head  of  said  barrel,  cask  or  keg,  in  black  letters  and  figures  at 
least  one  inch  in  height,  with  the  words  "Cider  Vinegar,"  together  with  the  name 
and  place  of  business  of  the  manufacturer  thereof,  and  the  strength  <>l*  the  vinegar 
contained  in  said  barrel,  cask  or  keg,  which  strength  shall  be  denoted  by  the  per 
centum  by  weight  of  absolute  acetic  acid  contained  in  said  vinegar.  And  no  person 
shall  manufacture  for  sal<\  offer  or  expose  for  sale,  or  have  in  his  possession  with 
intent  fco  sell,  or  Bell,  any  vinegar  which  shall  he  adulterated  within  the  meaning  of 
sections  4600  and  4601  of  the  statutes  of  L 898,a  and  laws  amendatory  thereof;  or  any 
vinegar  which  shall  contain  less  than  four  and  one-half  per  centum  by  weight  of 
absolute  acetic  arid;  or  vinegar  which  shall  contain  any  artificial  coloring  matter,  or 
any  preparation  of  lead,  copper,  sulphuric  or  other  mineral  acids,  or  any  acid  made 
from  the  distillation  of  WOOd  or  any  ingredient  injurious  to  health.  And  no  | 
-hall  sell,  offer  or  expose  for  Bale  or  have  in  his  p088e88ior)  with  intent  to  sell  any 
vinegar    (except    cider   vinegar)    made  by   fermentation  without   the   intervention   of 

distillation  unless  each  barrel,  cask  or  keg  containing  the  same  be  plainly  stenciled 
or  branded  on  one  head  of  said  barrel,  cask  or  keg,  in  black  letters  and  Bgun 
least  one  inch  in  height,  with  the  name  ami  place  of  business  of  the  manufacturer  of 
said  vinegar  and  the  strength  of  the  vinegar  contained  in  said  barrel,  cask  oi 
winch  Btrength  shall  he  denoted  by  the  per  centum  by  weight  of  absolute  acetic  acid 
contained  in  said  vinegar,  together  with  the  words  ••  Fermented  Vinegar"  and  the 
true  name  of  the  fruit  or  substance  from  which  said  \  inegar  is  made.    And  no  p< 
shall  sell,  offer  "i-  expose  for  Bale  or  have  in  hi-  poateeeion  with  intent  to  sell  any 
vinegar  made  wholly  or  in  part  from  distilled  liquor  unless  each  barrel,  cask  or  keg 

Bee  i'.  672. 


690  FOODS    AND    FOOD    CONTROL. 

containing  the  same  be  plainly  stenciled  or  branded  on  one  head  of  said  barrel,  cask 
_.  in  black  letters  and  figures  at  least  one  inch  in  height,  with  the  words  "  Hi- 
tilled  Vinegar,"  together  with  the  name  and  place  of  business  of  the  manufacturer 
thereof  and  the  strength  of  the  vinegar  contained  in  said  barrel,  cask  or  keg,  which 
strength  shall  be  denoted  by  the  per  centum  by  weight  of  absolute  acetic  acid  con- 
tained in  said  vinegar. 

Any  person  who  shall  be  found  guilty  of  violating  any  of  the  provisions  of  this 
section  shall  forfeit  to  the  state  of  Wisconsin  the  sum  of  not  less  than  twenty-live 
dollars  nor  more  than  one  hundred  dollars  for  each  such  violation.  Provided  that 
this  act  shall  not  be  construed  as  prohibiting  the  sale  of  any  vinegar  by  the  manu- 
facturer for  shipment  and  use  outside  the  state.  Provided,  however,  that  nothing 
herein  contained  shall  be  held  to  prohibit  the  coloring  of  vinegar  by  the  use  of  burnt 
.  or  the  sale  or  offering  for  sale  of  the  same  until  on  and  after  July  1st,  1906. 

As  amended  June  3,  1905;  Laws  of  1905,  eh.  297,  p.  454:  Statutes  1898,  ch.  187,  p. 
27<d. 

RULINGS  .MADE   BY  THE  COMMISSIONER. 

Artificial  coloring.     Artificial  coloring  though  it  be  harmless  must  not  be  used  to 

conceal  damage  or  inferiority  or  to  make  food  products  appear  better  or  of  greater 
value  than  they  really  are. 

Baking  powder,  baking  powders  containing  alum  in  any  form  or  shape  must  have 
it-  p n-s« ■nee  distinctly  shown  by  a  label  on  the  outside  and  face  of  which  is  printed: 
"THIS  BAKING  POWDER  CONTAINS  ALUM."  The  label  must  be  printed  in  black 
ink,  in  legible  type,  not  smaller  than  brevier  heavy  got  hie  caps,  and  must  give  the 
name  and  address  of  the  manufacturer  in  type  of  the  same  kind. 

Buckwheat  flour.     See  special  law  on  buckwheat  Hour,  page  686. 

Candy.  Candy  must  be  free  from  inert  mineral  matters  and  must  not  be  colored 
with  substances  deleterious  to  health. 

Catsup.  Catsup  must  be  labeled  BO  as  to  show  its  true  character  and  composition, 
1  atsup,"  "Mushroom  Catsup,"  "Walnut  Catsup,"  etc.,  and  must  not 
contain  preservatives  or  coloring  matter  deleterious  to  health.  If  harmless  preserva- 
tives an-  used,  that  fact,  and  the  name  of  the  specific  substance  must  be  disclosed  on 

the  label.     The  use  of  artificial  coloring  will  be  contested. 

Cheese.  The  dairy  and  food  commissioner  is  authorized  to  issue  to  the  owner  or 
manager  of  each  factory  making  FULL  CREAM  CHEESE  a  stencil  containing  the 
Dumber  of  the  factory  and  the  state  I. rand,  "WISCONSIN    FULL  CREAM   CHEESE.'' 

Tin-  manufacture  and  sale  of  filled  cheese  is  prohibited. 

The   manufacture   ami    sale   of   skimmed   cheese   is   prohibited,  except  when   such 
is  made  ten  inches  in  diameter  and  nine  inches  in  height. 

Chocolate  and  cocoa.  Chocolate  and  cocoa  when  made  only  from  cocoa  mass,  sugar 
and  glycerine  may  be  sold  under  the  name  "  Prepared  Cocoa"  or  "Sweet  Chocolate." 

( 'oft  • ■      <  'o  flee  sold  as  such  must  be  t  rue  t .  i  name.       It  must  not  be  coated  or  polished 

to  conceal  inferiority.  Substitutes  containing  no  coffee  cannol  be  sold  as  coffee  com- 
pound.-, but  may  be  sold  under  their  true  or  coined  names.  Compounds  of  coffee 
and  chicory,  or  of  coffee  and  any  harmless  substitute  allied  to  it  in  either  flavor  or 
strength  and   nol  used  simply  as  an  adulterant,  may  be  sold  when  labeled  "Coffee 

and  <  Jhicory  Compound"  or   '  <  toffee  and Compound,"  etc 

Canned  goods.  Canned  goods  must  be  distinctly  labeled  with  grade  or  quality  of 
the  goods,  together  with  the  name  and  address  of  the  seller  or  manufacturer.    Bee 

Special  law  ,  page  o7">. 

vm  of  tartar.    Cream  of  tartar  must  be  pure  and  true  to  name.     All  compounds 

are  unlaw  fill. 

Extracts.  ■  cial  Law,  page  886.  i    artificial  extracts  can  he  manufactured  and 

sol.  I  only  in  cases  w  here  it  is  not  possible  to  produce  an  extract    iv<<\\\  the  fruit  it -elf. 

I  •  is  case  must  be  distinctly  labeled  as  "Artificial  Extracts." 


WISCONSIN.  691 

Extract  of  lemon,  essence  of  lemon  or  spirits  of  lemon,  sold  as  such,  must  contain 
at  least  five  per  cent,  of  pure  oil  of  lemon  dissolved  in  ethyl  alcohol. 

Such  mixtures  or  compounds  as  "  Water  Soluble  Lemon  Flavor"  or  "Terpeneless 
Lemon  Flavor,"  made  from  lemon  peel  or  from  oil  of  lemon,  or  from  both,  must  not 
be  sold  as  "Extract  of  Lemon"  or  "Essence  of  Lemon"  or  "Spirits  of  Lemon;"  but 
if  of  equivalent  strength  and  labeled,  branded  or  tagged  in  a  manner  showing  their 
exact  character  and  composition  and  approved  by  the  dairy  and  food  commissioner 
of  the  state,  and  not  containing  any  poisonous  or  deleterious  ingredients  will  be 
recognized  as  Legitimate  substitutes  and  when  sold  as  articles  of  food  under  their  own 
distinct  names  as  stated  above  and  not  under  the  name  of  any  other  article  of  food, 
such  sale  will  not  be  contested  by  this  commission  as  unlawful. 

Extract  of  vanilla  must  be  made  wholly  from  vanilla  beans,  and  must  contain  no 
artificial  coloring.  The  color  of  vanilla  extract  is  considered  an  indication  of  its 
strength  and  artificial  coloring  in  such  case  would  be  used  tor  the  purpose  of  conceal- 
ing inferiority  and  of  making  the  article  appear  better  than  it  really  is. 

When  other  flavoring  substances  are  used,  such  as  vanillin,  coumarin  or  tonka,  the 
extract  must  be  labeled  so  as  to  show  the  purchaser  its  true  character,  as,  "Com- 
pound Extract  of  Tonka  and  Vanillin."  The  label  "Compound  Extract  of  Vanilla" 
will  not  be  deemed  sufficient  notice  of  the  character  and  composition  of  the  article. 
In  all  cases,  it  is  to  be  understood  that  when  an  extract  is  labeled  with  more  than 
one  name,  the  type  used  is  to  be  similar  in  size,  and  the  name  of  anyone  of  the 
articles  used  is  not  to  be  given  greater  prominence  than  another. 

Farinaceous  goods.  Farinaceous  goods,  must  be  true  to  name.  Barley,  hominy, 
cracked  or  rolled  wheat  or  oats,  tapioca  and  like  article.-,  must  be  pore  and  unadul- 
terated. If  mixed  or  compounded  their  true  or  coined  name.  Packages  containing 
mixtures  or  compounds  of  this  kind  should  be  labeled  with  the  name  and  address 
of  the  manufacturer  or  compounder  thereof. 

Honey.     See  special  law  on  page  686. 

Jellies.  Artificial  fruit  jellies,  jams,  preserves,  fruit  butter,  so-called  "  I'ie  Filling," 
or  other  similar  mixtures  or  compounds,  made  or  composed,  in  whole  of  in  part,  of 
glucose,  dextrin,  starch  or  other  substances  must  not  he  colored  in  imitation  of 
natural  fruit  products;  but  if  uncolored,  may  he  sold  for  what  they  are  when  labeled 
ina  manner  showing  their  exact  character  and  composition  and  approved  by  the 
dairy  and  food  commissioner  of  the  state  and  when  they  are  free  from  ingredients 
deleterious  to  health.  Such  artificial  mixtures  or  compounds  must  he  labeled  with, 
(first),  the  word  "Compound,"    (second),  the  won!  "Glucose"  and  (third),  the 

name  of  the  fruit  or  dextrin,  or  starch,  or  other  substance,  entering  into  the  artificial 
product.  To  illustrate:  In  the  case  of  artificial  jelly  consisting  of  glucose  with  an 
apple  base,  the  label  should  he  '•Compound  <  rlucose  Apple  Jelly."  If  the  fruit  is  cur- 
rant, the  label  should  he  "Compound  Glucose  Currant  .Icily."      It'  the  has»>  is  starch, 

the  label  should  be  "Compound  Glucose  Starch  Jelly."  En  case  of  other  mixtures 
or  compounds,  as  mentioned  above,  the  label  should  he  "Compound  <  ilucose  starch 
I'ie  Filling,"  "Compound  Glucose  Apple  Jam,"  etc.,  according  to  their  true  char- 
acter and  composition. 

Mi  I. -tit  ute  mixtures  or  compounds  cannot  lawfully  he  sold  in  imitation  of  or  under 
the  name  of  any  other  article  of  food. 

'.    Substitutes  for  lard  mustnol  he  sold  under  the  name  of  lards.     Compounds 
containing  lard  can  be  sold  when  labeled  in  a  manner  showing  their  true  character 

and  composition  and  approved  by  the  dairy  and  f I  commissioner  of  the  state,  such 

:t-.   "Compound   Lard  and  ." 

Maplt  sugar.     See  special  law  on  maple  sugar  and  maple  syrup. 

Meat,  chopped  and  sausage*.     See  special   law   on  chopped   meat-  and  sauss 

page  (>n7. 


692  FOODS  AND  FOOD  CONTROL. 

Milk.  All  milk  offered  for  sale  or  sold  or  delivered  to  creameries  or  cheese  facto- 
ries musl  be  from  clean,  healthy  cows,  of  clean,  pure  and  wholesome  character,  free 
from  preservatives  or  any  foreign  substance,  and  must  contain  not  less  than  three 
per  cent,  batter  fat. 

Producers  and  dealers  in  milk  and  cream  are  especially  warned  against  the  use  of 
preservatives. 

The  preparations  for  keeping  milk  and  cream  sweet  that  are  widely  advertised  in 
this  state  as  being  harmless,  have  been  condemned  by  Leading  authorities,  both  in 
this  country  and  in  Europe,  as  being  prejudicial  to  the  public  health. 

Their  use  is  prohibited  by  a  plain  statute  which  fixes  a  minimum  penalty  of  $25 
for  its  violation. 

Preservatives  are  used  to  avoid  the  effect-  of  careleSB  and  unclean  methods. 

Milk  and  cream  will  remain-sweet  without  the  use  of  poisonous  drugs  long  enough 
for  sale  and  consumption  if  produced  from  clean  cows,  in  clean  barns,  by  clean  men, 
using  clean  utensils. 

The  health  of  invalids  and  of  children  is  of  more  importance  to  the  state  than  tin- 
prosperity  of  manufacturers  and  dealers  in  the  makeshifts  of  uncleanlinesB. 

Mustard.      Dry  mustard  must  be  pure. 

Prepared  mustard  must  be  free  from  starch  or  adulterant  of  any  kind,  and,  it  con- 
sisting of  mustard,  vinegar,  and  spices,  may  be  sold  when  labeled  "Prepared 
.Mustard." 

A  preparation  of  mustard,  vinegar,  spices  and  enough  tilling  or  starch  to  make  a 
mustard  of  mild  flavor  to  meet  a  legitimate  demand  which  undoubtedly  exists,  may 
be  sold  when  labeled  "Prepared  Mustard  Compound."  Harmless  coloring  matter 
may  be  used  in  preparations  of  mustard  only  to  secure  uniformity  of  appearance. 

Oleomargarine.  Oleomargarine  which  shall  be  in  imitation  of  yellow  butter  can 
not  he  lawfully  sold.  Oleomargarine  free  from  coloration  or  ingredient  that  causes 
it  to  look  like  butter  can  be  manufactured  and  sold  under  its  own  name  when  prop- 
erly labeled.  Each  tub,  package  and  parcel  must  be  marked  by  a  placard  bearing 
the  word  "Oleomargarine"  printed  in  plain,  uncondensed  gothic  letters  not  less 
than  one  inch  Long,  and  such  placard  shall  contain  no  other  words  thereon. 

All  Btores  and  places  of  business  from  which  oleomargarine  shall  be  sold  must 
have  conspicuously  posted  a  placard  to  be  approved  by  the  dairy  and  food  commis- 
sioner, containing  the  words,  printed  in  Letters  not  less  than  four  inches  in  Length, 
"Oleomargarine  Sold  lb-re." 

It    is   unlawful    for    hotel,    restaurant   or    boarding-hoUSC   keepers   to   furnish   their 

guests  with  butter  substitutes  without  notifying  such  guests  that  the  substitutes  BO 
furnished  are  not  butter. 
A  bill  of  tare  furnished  guests  and  containing  a  statement  that  oleomargarine  is 

used   will  be  deemed  a  Sufficient   notice. 

No  imitation  butter  or  cheese  can  be  used  in  any  of  the  charitable  or  penal  institu- 
tion- of  this  state. 

Renovated  butter.    Bee  special  law  on  renovated  butter,  page  681. 

Spices.     All  spices  must  be  pure.     Any  mixture  of  any  foreign  article  with  any 

spice  UB  an  adulteration.      An  adulteration  of  spices  cannot  be    remedied  by  the  Label 

"  ( Sompound." 

Sirup.     See  special  law  on  sirup,  page  688. 

Vinegar.     8<  i    ipe<  ial  law  on  vinegar,  ; 

Antiseptics,  chemical  preservatives.     See  special  Law,  page  687. 

Labels.  Labels  on  mixtures  ami  compounds  should  disclose  their  true  character 
and  composition.     Bee  proviso  to  general  law  on  adulteration. 


WYOMING. 

On  April  1,  1905,  the  Legislature  created  the  office  of  State  dairy. 
food,  and  oil  commissioner,  who  is  charged  with  the  administration  of 

all  food  laws.  Previous  to  this  time  the  laws  had  been  under  the 
administration  of  the  State  chemist.  In  response  to  a  letter  of 
inquiry,  Mr.  E.  W.  Burke,  the  commissioner,  replied  that  the  work 
that  has  been  done  under  the  laws  has  been  mainly  educational.  He 
suggests  that  a  clause  is  desirable  prohibiting  interference  with  the 
food  commissioner,  and  that  special  regulations  should  be  enacted 
relating  to  colors,  preservatives,  and  baking  powder-. 

GENERAL  FOOD  LAW-. 

5108.  Diseased  meat,  adulterated  liquor,  etc.  If  any  person  or  persons  shall  know- 
ingly sell  any  flesh  of  any  diseased  animal,  or  other  unwholesome  provisions,  or  any 
pernicious  or  adulterated  drink  or  liquors,  every  person  bo  off ending sbJU  he  lined 
not  more  than  two  hundred  dollars. 

5109.  Fraudulent  adulteration  of  foods  or  medicine*.  Every  person  who  adulterates 
or  dilutes  any  article  of  food,  drink,  drug,  medicine,  spirituous  or  malt  liquor,  or 
wine,  or  any  article  used  in  compounding  them,  with  a  fraudulent  intent  to  offer  the 
same  for  sale,  or  to  cause  or  j>erniit  the  same  to  be  offered  for  sale,  as  unadulter- 
ated and  undiluted;  and  every  person  who  fraudulently  sells  or  keeps  or  offers  for 
sale  the  same  as  unadulterated  or  undiluted  shall  be  punished  by  a  tine  of  not  more 
than  live  hundred  dollars,  or  imprisonment  in  the  county  jail  not  more  than  sixty 
days,  or  by  both. 

5110.  Spoiled  food  or  medicine.  Every  person  who  knowingly  sells  or  keeps,  or 
offers  for  sale,  or  otherwise  disposes  of,  or  tries  to  dispose  of,  any  article  of  food, 
drink,  drug  or  medicine,  knowing  that  the  same  has  become  tainted,  decayed, 
spoiled  or  otherwise  unwholesome  or  unfit  to  be  eaten  or  drunk  shall  be  fined  not 
more  than  fifty  dollars,  or  imprisoned  in  the  county  jail  not  more  than  thirt\ 

or  both. 

Revised  Statutes,  L899,  p.  12U4. 

.  l.  8taU  ehemitt;  dud,.--;  $ala  The  office  of  State  Chemist  is  hereby 

created  for  the  State  of  Wyoming,  and  shall  receive  a  salary  of  two  hundred  dollars 
per  year.    Such  Chemist  shall  be  the  regular  professor  of  chemistry  in  the  University 
of  Wyoming.     He -hall  enter  upon  his  duties  on  the  30th  dayol  September, 
It  shall  )>«•  his  duty  to  make  or  cause  to  be  made  a  chemical  analysis  of  such 

drink-,  drugs,  illuminating:  oils  or  other  material  relative  to  the  enforcement  of  this 
art.  a-  shall  be  submitted  to  him  or  shall  be  deemed  ad\  isable  tor  such  anal\  >i>.  and 
make  a  full  and  complete  written  report  of  the  same,  and  when  bo  requested  it  .-hall 
be  his  duty  to  testify  in  court.      Mr -hall   receive  his  necessary  travel  iiiL' expei, 
l>e  paid  by  the  State  of  Wyoming  when  employed  in  performing  the  pi 

this  act,  w  hich  shall  not  include  the  chemicals  and  apparatus  neces-ar\  lot  the  ] 
fulfillment  of  his  duties. 


&  •  also  Meat.  p.  71 


694  FOODS    AND    FOOD    CONTROL. 

Sec.  2.  Assistant  professor  of  chemistry;  salary;  duties.  The  Board  of  Trustees  of  the 
University  of  Wyoming  are  hereby  authorized  and  empowered  to  employ  an  assist- 
ant to  the  regular  professor  of  chemistry  who  shall  receive  a  salary  of  ten  hundred 
dollars  per  year  for  his  services,  to  be  paid  by  the  State  of  Wyoming  out  of  any 
moneys  not  otherwise  appropriated,  the  same  to  be  paid  by  the  State  Auditor  in  the 
manner  provided  for  the  payment  of  other  accounts  against  the  State.  The  Assistant 
Chemist  shall  keep  his  office  at  the  University  of  Wyoming,  and  the  Board  of 
Trustees  of  said  University  shall  furnish  the  necessary  room  for  the  carrying  out  of 
the  provisions  of  this  act.  The  Assistant  Chemist  shall  perform  such  duties  as  he 
may  be  required  to  perforin  by  the  State  Chemist, 

Sec.  3.  Contingent  expenses  limited  to  appropriation.  The  necessary  traveling  expenses 
and  expenses  for  the  purchase  of  apparatus,  chemicals,  etc.,  shall  be  paid  from  any 
appropriation  made  by  the  Legislature  as  a  contingent  fund  for  the  State  Chemist, 
provided  that  the  expense  shall  be  limited  to  the  appropriation  made. 

Sec.  4.  Annual  rej>ort.  The  State  Chemist  shall  keep  a  seal  with  which  to  attest 
official  acts  and  documents.  He  shall  make  an  annual  report  to  the  Governor  on  or 
before  the  first  day  of  October  of  each  year,  which  shall  contain  itemized  statements 
of  all  receipts  and  disbursements,  attorney  fees  in  each  specified  suit  brought  in  this 
department,  and  all  persons  employed  by  him,  together  with  such  statistics  and 
other  matter  as  he  may  regard  of  value  to  the  administration  or  public  at  large,  and 
said  report  may  In*  published  annually  as  public  documents  of  the  State  of  Wyoming, 
as  may  be  provided  by  law. 

Sec.  5.  Slate  chemist'' s  bond.  Before  entering  upon  the  discharge  of  his  official 
duties,  the  State  Chemist  shall  give  bond  in  the  sum  of  one  thousand  dollars  ($1,000), 
to  the  State  of  Wyoming,  which  shall  be  furnished  by  some  responsible  surety  com- 
pany, which  shall  be  accepted  by  the  Governor,  conditioned  that  he  will  truly 
account  for  and  apply  all  moneys  or  other  property  which  may  come  into  his  hands 
in  his  official  capacity,  and  for  the  faithful  performance  of  the  duties  of  his  office  as 
the  same  are  prescribed  by  law;  which  bond,  with  his  oath  of  office  indorsed  thereon, 
shall  be  filed  with  the  Secretary  of  State. 

Sec.  <>.  Sale  of  adulterated  drugs  or  articles  of  food  prohibited.  No  person  or  persons 
shall  within  the  State  of  Wyoming  manufacture  for  sale,  offer  for  sale,  or  sell  any 
drug  or  article  of  food,  drink  or  illuminating  oil  which  is  adulterated  within  the 
meaning  of  this  act. 

8b  .  7.  Terms  "drug"  "food"  and  "drinks'7  defined.  The  term  "drug"  as  used 
in  this  act,  shall  include  all  medicines  for  internal  or  external  use,  antiseptics,  disin- 
fectants and  cosmetics.  The  term  "food"  as  used  in  this  act,  shall  include  all  arti- 
cles used  for  food,  whether  simple,  mixed  or  compound,  the  term  "  drinks"  shall 
include  all  drinks  whether  distilled,  brewed,  simple,  mixed  or  compound,  including 

mineral  waters  whicb  shall  he  used  as  food,  medicines  or  beverages  by  any  person, 
or  persons,  while  in  the  State  of  Wyoming,  whether  a  citizen  or  not. 

m  «  .  S.    Adult  ration  defined.      An  article  shall    be  deemed  to  be  adulterated  within 

the  meaning  of  this  act — 

(a)  In  the  case  of  drugB:  (1)  If,  when  sold  under  or  by  the  name  recognised  in 
the  United  states  Pharmacopoeia,  it  differs  from  the  standard  of  strength,  quality  or 

purity  laid  down  therein;    (2  )    It,  w  hen  sold  under  or  by  the  name  not  recognized  in 

the  United  states  Pharmacopoeia,  hut  which  may  he  found  in  some  other  pharma- 
copoeia, or  other  Standard  work  on  Materia  Medica,  it  differs  materially  from  the 
standard  of  strength,  quality  or  purity  laid  downin  such  work;  (8)  H  its  strength, 
quality  or  purity  falls  belon  the  professed  standard  under  which  it  is  sold. 
(1))  Ln  case  of  food:  ii)  [f  any  substance  or  substances  have  been  mixed  with  it, 
to  lower  or  depreciate,  or  injuriously  affect  Its  quality,  strength  or  purity;  (2) 
[f  any  inferior  or  cheaper  substance  or  Bubstances  have  been  substituted  wholly  or 

in   part   for  it;   (.'I)    If  any  valuable  Or  necessary  constituent   or   ingredient    has   been 


WYOMING.  695 

wholly  or  in  part  abstracted  from  it;  (4)  If  it  is  an  imitation  of,  or  is  sold  under  the 
name  of  another  article;  (5)  If  it  consists  wholly  or  in  part,  of  a  diseased,  decom- 
posed, putrid,  infected,  tainted  or  rotten  animal  or  vegetable  substance  or  article, 
whether  manufactured  or  not,  or,  in  the  case  of  milk  if  it  is  the  produce  of  a  diseased 
animal;  (6)  If  it  is  colored,  coated,  polished  or  powdered,  whereby  damage  or  infe- 
riority is  concealed,  or  if  by  any  means  it  is  made  to  appear  better  or  of  greater  value 
than  it  really  is;  (7)  If  it  contains  any  added  substance  or  ingredient  which  is  poi- 
sonous or  injurious  to  health:  Provided,  That  the  provisions  of  this  act  shall  not  apply 
to  mixtures  or  compounds  recognized  as  ordinary  articles  or  ingredients  of  articles  of 
food,  if  each  and  every  package  sold  or  offered  for  sale  be  distinctly  labeled  as  mix- 
tures or  compounds,  with  the  name  and  per  cent,  of  each  ingredient  therein,  and  are 
not  injurious  to  health  and  illuminating  oils  shall  be  of  not  less  than  120%  [degrees] 
open  air  flash  test.  That  no  gasoline  shall  be  sold  in  the  State  of  Wyoming  of  less 
than  seventy-four  proof.  Same  shall  be  plainly  marked  on  the  can,  barrel  or  other 
package  containing  gasoline.     [See  Chapter  109.] 

Sec.  9.  Dealers  must  furnish  samples  for  analysis.  Every  person  manufacturing, 
offering  or  exposing  for  sale,  whether  a  manufacturer  or  not,  or  delivering  to  a  pur- 
chaser any  drug  or  article  of  food  or  drink  included  in  the  provisions  of  this  act  shall 
furnish  to  any  person  interested,  or  demanding  the  same,  who  shall  apply  to  him 
for  the  purpose,  and  shall  tender  him  the  value  of  the  same,  a  sample  sufficient  for 
the  analysis  of  any  such  drug  or  article  of  food  or  drink  which  is  in  his  possession. 

Sec.  10.  Penalties.  Whoever  refuses  to  comply  upon  demand,  with  the  require- 
ments of  this  act,  and  whoever  violates  any  of  the  provisions  of  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  exceeding  three 
hundred  dollars  ($300)  nor  less  than  fifty  dollars  ($50),  or  imprisoned  not  exceeding 
one  hundred  nor  less  than  thirty  days,  or  both,  at  hard  labor.  Any  person  found 
guilty  of  manufacturing,  offering  for  sale  or  selling  an  adulterated  article  of  food, 
drugs  or  drinks  under  the  provisions  of  this  act,  shall  be  adjudged  to  pay  in  addition 
to  the  penalties  hereinbefore  provided  for,  all  necessary  Costs  and  expenses  incurred 
in  inspecting  and  analyzing  such  adulterated  articles  of  which  said  person  shall  be 
found  guilty  of  manufacturing,  selling  or  offering  for  sale. 

Laws  1903,  ch.  82,  art.  1,  p.  102. 

Sec.  3.  Shortage  in  weight  or  measurement;  penalty.  It  shall  be  unlawful  within  the 
State  of  Wyoming  to  sell  direct.  <>r  permit  any  person,  whether  agent,  employe  or 
servant,  to  sell  any  property  of  whatsoever  character  that  shall  be  short  in  weight 
or  measure,  and  any  person  owning  or  having  charge  of  any  scales  or  steelyards  for 
the  purpose  of  weighing  any  property,  or  who  knowingly  reports  any  false  or  untrue 
weight,  whereby  any  person  may  be  defrauded  or  injured,  or  who  shall  sell  any 
article  of  food,  beverage  or  medicine  that  shall  be  short  in  measure  by  the  prescribed 
and  legal  measurements  of  this  state  and  shall  represent  the  Mime  t<>  contain  ■ 

certain  quantity  which  it  does  not  contain  and  thus  defrauding  the  purchaser,  shall 
be  lined  not  more  than  fifty  dollars  nor  imprisoned  more  than  thirty  days,  or  both, 
at  the  discretion  of  the  court. 

Bbc.  5.  Counterfeit  brands  or  trade  marks;  penalty.  Whoever  vends  or  keeps  for 
sale  any  goods,  merchandise,  mixture,  or  preparation  npon  which  any  forged  or 

Counterfeit  stamp,  brand,  imprint,  wrapper,  label   or  trade  mark   is   placed   or   fixed 

and  intended  to  represent  the  said  goods,  merchandise,  mixture  or  preparation  at 

the  true  and  genuine  goods,  merchandise,  mixture  Or  preparation  of  any  other  per- 
son, km.u  ing  the  same  to  be  counterfeit,  and  \\  hoover  wilfully  forges  or  counterfeits 
any  representation,  Likeness,  similitude,  copy  or    imitation  of  the   private  brand, 

wrapper,  label  or  trade  mark  usually  affixed  by  :iny  person  to  or  upon  the  goods, 
Wares,    merchandise,    preparation   Or    mixture  of  BUCh    person,   or   by   any   maker  of 


696  FOODS    AND    FOOD    CONTROL. 

wine  from  grapes,  to  the  bottle  or  cask  used  by  him  to  contain  the  same,  with  the 
intent  to  pass  off  any  work,  goods,  manufacture,  wine,  compound,  preparation  or 
mixture  to  which  such  forged  or  counterfeit  representation,  likeness,  similitude, 
copy  or  imitation  is  affixed,  or  intended  to  be  affixed  as  the  work,  goods,  manu- 
facture, wine,  compound,  preparation  or  mixture  of  such  person,  shall  be  fined  not 
more  than  two  hundred  dollars  nor  less  than  fifty  dollars,  or  imprisoned  not  more 
than  six  months  nor  less  than  two  months,  *or  both,  at  the  discretion  of  the  court. 

Sec.  6.  Packages  must  be  marked  with  weights;  refilling  branded  eases;  penalty.  Who- 
ever puts  up  or  packs  any  goods  or  articles  sold  by  weight  into  any  case  or  package 
and  fails  or  omits  to  mark  thereon  the  gross,  tare,  and  net  weights  thereof,  in 
pounds  and  fraction  of  pounds  or  with  intent  to  defraud,  in  any  way  transfers  any 
brand,  mark  or  stamp,  put  upon  any  case  or  package  by  any  manufacturer,  to  any 
other  case  or  package;  or,  with  the  like  intent  repack  any  case  or  package  marked 
with  the  brand,  mark  or  stamp  of  any  manufacturer,  with  goods  or  articles  inferior 
to  the  goods  or  articles  of  that  manufacturer,  shall  be  fined  not  more  than  five 
hundred  dollars,  or  imprisoned  not  more  than  six  months. 

Laws  1903,  ch.  82,  art.  8,  p.  112. 

Sec.  1.  Persons  selling  deemed  agents  of  manufacturer.  For  the  purpose  of  this  act, 
and  for  the  purpose  of  getting  service  on  foreign  companies,  corporations  or  firms, 
any  agent  or  any  person  who  shall  sell,  keep  for  sale,  offer  for  sale  or  handle  goods 
made,  sold  or  handled  by  said  firm,  company  or  corporation  shall  be  deemed  the 
agent  thereof,  upon  whom  the  process  of  any  court  of  this  State  of  competent  juris- 
diction may  be  served  for  the  purpose  of  carrying  into  effect  the  provisions  of  this 
act,  and  service  upon  such  agent  shall  be  binding  upon  his  principal. 

Bbc.  2.  Adulterated  goods  t<>  he  destroyed.  Any  drugs,  liquors,  wines,  malt  liquors 
or  food  of  any  character  or  illuminating  oil  that  may  be  found  adulterated  or  impure 
to  such  an  extent  as  to  make  it  injurious  to  the  public  health  and  dangerous  to  life 
and  thus  unfit  by  the  provisions  of  this  act  to  be  sold,  shall  be  confiscated  and 
destroyed  at  the  discretion  of  the  court. 

Sec  '.\.  Siair  cJiemist — oath  and  hand.  It  shall  be  unlawful  for  the  State  Chemist  to 
enter  upon  his  duties  before  having  taken  the  oath  of  allegiance  to  the  Lnited  States 
of  America,  the  State  of  Wyoming,  and  having  tiled  a  satisfactory  bond  furnished  by 
some  competent  and  responsible  surety  company  in  the  sum  of  one  thousand  dollars 
for  the  faithful  and  honest  performance  of  his  duties,  which  bond  shall  be  accepted 
by  the  Secretary  of  State,  and  placed  on  tile  in  his  office.  Trial  for  the  enforcement 
of  the  provisions  of  this  act  shall  be  brought  before  any  District  Court  in  the  State  of 
Wyoming,  and  their  shall  be  nothing  that  shall  be  construed   to  prohibit   an   appeal 

from  the  decision  of  said  court. 

Sec.    1.    City  health  officer-  duty.      It  shall  be  the  duty  of    the   ex-officio   city  health 

officer  provided  for  by  the  State  Board  of  Health  and  the  state  Board  of  Medical 
Examiners  to  collect  samples  and  forward  the  same  to  the  State  Chemist  for  analysis 

and  to  otherw  ise  carry  out  t  he  provisions  of  this  ad. 

>i'.  5.   Repeal.     A.11  acts  or  parts  of  acts  thai  shall  be  in  conflict   with  this  act  of 

any  part  of  it  shall  and  are  hereby  repealed. 

m<  .  »>.  DaU  of  effect.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
30th  day  of  September,  t903. 

Laws  of  1903,  art.  «»,  ch.  82,  p.   I  1.".. 

9io.  l.  Appointment  of  commissioner;  salon/.  The  office  of  Pood  and  Oil  Commis- 
sioner for  the  State  of  Wyoming  is  hereby  created.    Such  Commissioner  shall  be 

appointed  by  the  Governor,  by  and  with  t  he  consent  of  the  Senate,  and  his  term  of 

Office  Shall   be   for  two  years,  from  the  lirst  day  of  April,   1905,  and    vacancies  occur- 


WYOMING.  697 

ring  in  the  office  for  any  cause  shall  be  filled  by  appointment  for  the  balance  of  the 
unexpired  term.  The  salary  of  the  Commissioner  shall  be  81,200  per  annum, 
together  with  his  actual  and  necessary  expenses  incurred  in  the  discharge  of  his 
official  duty,  which  shall  be  paid  in  the  same  manner  as  other  State  officers. 

Sec.  2.  Duties — inspection,  sampling,  etc.  It  shall  be  the  duty  of  the  said  Commis- 
sioner to  enforce  all  laws  against  frauds  and  adulteration  or  impurities  in  foods, 
drinks,  drugs,  or  illuminating  oils,  and  unlawful  labeling  of  same;  and  in  the  per- 
formance of  such  duties  said  Commissioner  and  his  assistants  shall  have  power  to 
enter  into  any  creamery,  factory,  store,  salesroom,  drugstore,  laboratory  or  place  of 
business,  or  other  place  where  they  have  reason  to  believe  food  or  drink  is  made, 
prepared,  sold  or  offered  for  sale,  and  t<>  examine  the  books,  and  to  examine  any 
cask  or  package  containing,  or  supposed  to  contain  any  article  of  food,  drink  or 
oil,  and  examine  or  cause  to  be  examined  and  analyzed  the  contents  thereof  by  the 
State  Chemist,  or  some  other  competent  person  under  his  direction,  and  he  shall  at 
the  same  time,  and  in  the  presence  of  the  person  from  whom  such  property  is  taken, 
securely  seal  up  two  samples  of  the  article  seized  or  taken,  one  of  which  shall  be  tor 
examination  or  analysis,  under  the  direction  of  the  Commissioner,  and  the  other  of 
which  shall  be  delivered  to  the  person  from  whom  the  articles  are  taken. 

Sec.  3.  County  attorneys  to  prosecute.  It  shall  be  the  duty  of  the  County  Attorney 
in  any  County  of  the  State,  when  called  upon  by  the  Commissioner,  to  render  any 
legal  assistance  in  his  power  to  execute  the  laws,  and  to  prosecute  cases  arising  under 
the  provisions  of  this  Act :  and  all  tines  and  assessments  collected  in  any  prosecution 
begun  or  caused  to  be  begun  under  the  provisions  of  this  Act  shall  be  paid  into  the 
State  Treasury. 

Sec.  4.  Office  of  commissioner.  The  necessary  room  or  rooms  shall  be  provided  for 
said  Dairy,  Food  and  Oil  Commissioner  in  the  State  Capitol  building,  which  said 
rooms  shall  be  set  apart  for  his  use. 

S»  .  5.  Seal.  The  State  Dairy,  Food  and  Oil  Commissioner  shall  keep  a  seal  with 
which  to  attest  official  acts  and  documents. 

Sec.*).  Annual  report  The  State  Dairy,  Food  and  Oil  Commissioner  shall  make 
an  annual  report  to  the  <  rovernor  on  or  before  the  1st  day  of  October  of  each  year, 
which  shall  contain  itemized  statements  of  all  receipts  and  disbursements,  and  all 
persons  employed  by  him,  together  with  such  statistics  and  other  matters  as  he  may 
regard  of  value  to  the  administration  or  to  the  public  at  large,  and  said  report  may 
be  published  annually  as  public  documents  of  the  State  of  Wyoming,  as  provided 
by  law. 

Sec.  7.  Bond  for  commissioner .  Before  entering  upon  the  discharge  of  his  official 
duties,  the  State  Dairy,  Food  and  Oil  Commissioner  shall  give  bond  in  the  sum  of 
two  thousand  dollars  to  the  state  of  Wyoming,  which  shall  be  approved  by  the 
Governor,  conditioned  that  he  will  truly  account  for  and  apply  all  moneys  or  other 
property  which  may  come  into  his  hands  in  his  official  capacity,  and  for  the  faithful 
performance  of  the  duties  of  bis  office  a>  the  same  are  prescribed  by  law;  which 
bond,  with  his  oath  of  office  endorsed  thereon,  shall  be  filed  with  the  Secretary  of 

State. 

B.  Repeal.  A II  acts  or  parts  of  acts  in  con  diet  with  this  act,  or  any  pari  of  it, 
shall  be  and  are  hereby  repealed. 

Sbi  .  ".».    "Effect.     This  act  shall  take  effect  and  be  in  force  from  and  after 

Approved  February  L8,  1006.     Session  Laws  of  1905,  ch,  19,  pp.  89  90. 
AI.c»  >HOLI<     BEVI  RAGE8 

1.  Adulteration  of  spirituous  liquors;  penalty.  Whoever  adulterates,  for  the 
purpose  of  sale  within  the  State  of  Wyoming  any  spirituous,  alcoholic,  vinous  or  malt 
liquors  used  or  intended  for  drink  or  medicinal  or  mechanical  purposes,  with  ( Soculua- 


lso  i  "  ueral  Food  haw  b,  p.  093. 


698  FOODS  AND  FOOD  CONTROL. 

indieus,  vitriol,  grains  of  paradise,  opium,  alum,  capsicum,  copperas,  laurel  water, 
logwood,  Brazil-wood,  cochineal,  sugar  of  lead,  aloes,  glucose,  tannic  acid,  ot  any 
other  substance  which  is  poisonous"  adulterated  or  injurious  to  the  health,  or  with 
any  substance  not  a  necessary  ingredient  in  the  manufacture  thereof;  and  whoever 
sells  or  offers  or  keeps  for  sale  any  such  liquors  so  adulterated,  and  whoever  uses  any 
active  poison  in  the  manufacture  or  preparation  of  any  intoxicating  liquor  or  sells  in 
any  quantity  any  intoxicating  liquor  so  manufactured  or  prepared,  and  whoever 
engages  in  the  manufacture  and  sale  of  intoxicating  liquors  and  fails  to  brand  on 
each  package  containing  the  same  the  name  of  the  person  or  company  manufacturing, 
rectifying,  or  preparing  the  same,  whether  a  resident  of  the  State  of  Wyoming  or 
not,  and  also  the  words  "containing  no  poisonous  drugs,  or  other  added  poison," 
and  any  person  guilty  of  violating  any  of  the  provisions  of  this  act  shall  be  adjudged 
to  pay  in  addition  to  the  penalties  provided  for  by  this  act  all  necessary  costs  and 
expenses  incurred  in  inspecting  and  analyzing  any  such  adulterated  liquors,  whether 
alcoholic,  vinous  or  malt,  intended  for  drink  of  which  said  party  may  have  been 
guilty  of  adulterating  or  selling  or  keeping  for  sale  or  offering  for  sale,  shall  be  fined 
in  any  sum  not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars,  or  be 
imprisoned  not  less  than  twenty  days  nor  more  than  sixty  days,  or  both,  at  the  dis- 
cretion of  the  court,  excepting  manufacturers  who  manufacture  and  place  on  sale 
liquors  containing  poisons  or  that  are  not  labelled  as  provided  for  in  this  act,  shall 
be  fined  not  more  than  one  thousand  dollars  and  imprisonment  not  more  than  six 
months  nor  less  than  one  month. 

Sec.  2.  Adulteration  of  wines;  penalty.  It  shall  be  unlawful  to  adulterate  any  wine 
made,  or  juice  expressed,  from  grapes  whether  grown  within  or  out  of  the  State  of 
Wyoming,  by  mixing  therewith  any  drug,  chemicals,  cider,  whiskey,  or  other  liquor, 
and  whoever  sells  or  offers  to  sell  any  such  adulterated  wine  or  grape  juice  knowing 
the  same  to  be  adulterated,  and  for  the  purpose  of  this  act,  adulterated  wine  shall 
consist  in  wine  to  which  shall  be  added  any  glucose,  or  uncrystalized  "  grape  or  starch 
sugar,  or  cider,  or  pomace  of  grapes  out  of  which  the  juice  has  been  expressed  or 
extracted  known  as  grape  cheese,  or  any  other  substance  not  natural  to  the  pure 
expressed  juice  of  the  grape,  excepting  that  such  shall  be  plainly  labeled  and  placed 
on  the  bottle,  barrel,  cask  or  container  of  any  kind  showing  the  quantity  and  qual- 
ity of  such  adulteration.  Provided,  That  said  adulteration  shall  not  in  any  way  be 
poisonous  or  injurious  to  the  public  health,  and  whoever  violates  this  art,  whether 
intentionally  or  otherwise,  shall  he  lined  in  any  sum  not  more  than  three  hundred 
dollars  nor  less  than  fifty  dollars  and  imprisoned  for  not  less  than  sixty  days  nor 
more  than  ninety  days  and  pay  the  cost  of  the  prosecution. 

Laws  1903,  ch.  82,  art.  7,  p.  111. 

(WDY. 

2W»s.  Addition  of  injurious  ingredients.  No  person  shall  by  himself,  his  servant  or 
agent,  or  as  the  servant  or  agent  of  any  person  or  corporation,  manufacture  for  sale, 

or  knowingly  sell  or  offer  to  sell  any  candy  adulterated  by  the  admixture  of  terra 

alba,  barytes,  talc  or  any  other  mineral   substance,  by  poisonous  color  or  flavor  or 

other  ingredients  deleterious  or  detrimental  to  health. 

2<><>D.  Penalty.  Whoever  violates  any  of  the  provisions  of  this  chapter,  shall  he 
deemed  guilty  of  a  misdemeanor,  and  shall  he  punished  l>\  line  not  exceeding  one 

hundred  dollars  nor  LeSfi  than  lilt  \  dollars.      The  candy  SO  adulterated   shall   be  for- 
feited and  destroyed  under  direction  of  the  courl  in  which  conviction  is  had. 
2(>70.  Prosecution.     It  is  hereby  made  the  duty  of  the  count}  and  prosecuting 

attorneys  of  this  state  to  appear  for  the  state  and  to  attend  to  the  prosecution  of  all 
complaints  under  this  chapter  in  all  the  courts  in  their  respective  e. .unties. 

Revised  Statutes,  L899,  p.  722. 

"So  in  Statute.-. 


WYOMING.  699 

Sec.  1.  Adulteration  prohibited;  penalty.  It  shall  be  unlawful  for  any  person  or 
persons,  company  or  companies  to  manufacture  for  sale,  or  sell  or  offer  to  sell  within 
the  State  of  Wyoming  any  substance  known  as  candy  which  shall  be  adulterated  by 
the  admixture  of  terra  alba,  barytes,  talc,  or  other  mineral  substance,  poisonous 
colors  or  flavors,  or  other  ingredients,  deleterious  or  detrimental  to  health.  Any 
person  who  violates  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  exceeding  one  hun- 
dred dollars  nor  less  than  twenty-five  dollars,  or  imprisonment  not  exceeding  one 
hundred  days  nor  less  than  thirty  days,  or  both  at  the  discretion  of  the  court,  and 
he  shall  be  adjudged  to  pay  in  addition  all  necessary  costs  and  expenses  incurred  in 
the  inspecting  and  analyzing  such  adulterated  candy,  and  the  same  shall  be  forfeited 
and  destroyed  under  the  direction  of  the  court. 

Laws  1903,  ch.  82,  art.  5,  p.  108. 

CANNED  GOODS. 

Sec.  1.  Goods  must  be  marked  with  date  of  canning.  After  the  passage  of  this  act,  it 
shail  be  unlawful  in  the  State  of  Wyoming  for  any  packer,  wholesale  or  retail  dealer, 
or  any  other  person  who  may  sell  or  offer  for  sale  in  any  respect  whatever  preserved 
or  canned  fruits  and  vegetables,  or  other  articles  of  food,  unless  such  articles  bear  a 
mark  to  indicate  the  grade  or  quality,  together  with  the  name  and  address  of  such 
person,  or  corporations  that  packed  the  same  and  the  date  in  plain,  unmistakable 
letters  and  figures,  giving  the  month  and  year  in  which  said  goods  were  canned. 

Sec  2.  "Soaked"  goods,  syrup,  and  molasses  must  be  labeled.  That  all  soaked  goods, 
or  goods  put  up  from  products  dried  1  >efore  canning,  shall  be  plainly  marked  by  adhe- 
sive label,  having  on  its  face  the  words  "  Soaked"  in  letters  not  less  in  size  than  two- 
line  pica,  of  solid  and  legible  type;  and  all  cans,  jugs,  or  other  packages,  containing 
maple  Symp  or  molasses,  shall  be  plainly  marked  by  an  adhesive  label,  having  on 
ils  face  the  name  and  address  of  the  person  or  persons,  firm  or  firms,  corporation  or 
corporations,  who  made  or  prepared  the  same,  together  with  the  name  and  quality 
of  the  goods,  tin-  month  and  year  the  same  were  prepared  and  canned,  in  fetters  "l 
the  size  provided  in  this  act. 

Sec.  •'!.  False  stamp  or  label;  penalty;  prosecution  by  board  of  health.  Any  person  or 
persons,  firm  or  firms,  corporation  or  corporations,  agent  or  servant,  who  manufac- 
tures, sells  in,  or  out  of  the  State  of  Wyoming,  or  who  shall  falsely  stamp  or  label 
Bach  cans  or  jars  containing  preserved  fruit  or  food  of  any  kind,  or  knowingly  permits 
such  false  stamping  or  labeling,  any  person  or  persons,  firm  or  linns,  corporation  or 
Corporations,  agent  or  servant,  who  shall  violate  any  of  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor  and  punished  with  a  fine  not  less  than  fifty 
dollars  in  case  of  vendors,  and  in  the  case  of  manufacturers,  or  those  falsely  or  fraud- 
ulently stamping  or  labeling  Buch  cans  or  jars,  a  fine  of  not  Less  than  five  hundred 
dollars  nor  more  than  one  thousand  dollars.  And  it  shall  be  the  duty  of  any  Hoard 
of  1  lea  It  h  of  the  State  of  Wyoming,  or  any  other  authorized  person  or  persons,  cogni- 
zant of  any  violation  of  this  act,  to  prosecute,  or  cause  to  be  prosecuted,  any  person 
or-  persons,  agent  or  servant,  firm  or  firms,  corporation  or  corporations,  which  it  has 

reason  to  believe  has  or  are  violating  any  of  the  provisions  of  this  act,  and  such  per- 
son or  persons,  agent  or  servant,  firm  or  firms,  corporation  or  corporations,  which 
have  been  found  guilty  of  violating  this  act.  shall.  In  addition  to  the  fine  imposed 
hereby,  be  liable  for  the  cost  of  trial  and  conviction,  and  all  moneys  collected  by 
such  lines,  after  deducting  the  expense  thereof,  shall  be  covered  into  the  general  fund 
of  the  State. 

Laws,  L903,  ch.  82,  art  6,  p.  LOB. 


700  FOODS    AND    FOOD    CONTROL. 

DAIRY  PRODUCTS. 

Bb  .  1.  Imitation  butter  or  cheese  must  be  labeled.  It  shall  be  unlawful  for  any  person 
to  sell,  expose  or  offer  for  sale,  or  exchange  within  the  State  of  Wyoming  any  sub- 
stance purporting,  appearing  or  represented  to  be  butter  or  cheese,  or  having  the 
semblance  of  either  butter  or  cheese,  which  substance  is  not  made  wholly  from  pure 
milk  or  cream,  salt  and  harmless  coloring  matter,  unless  it  is  done  under  its  true 
name,  and  each  vessel,  package,  roll  or  parcel  of  such  substance  has,  distinctly  and 
durably,  printed,  stamped,  stenciled  or  marked  thereon  the  true  name  of  such  sub- 
stance in  ordinary  bold-faced  capital  letters,  not  less  than  five-line  pica  in  size,  and 
also  the  name  of  each  article  or  ingredient  used  or  entering  into  the  composition  of 
such  substance,  in  ordinary  bold-faced  letters  not  less  than  pica  in  size,  or  sell  or  dis- 
pose of  in  any  manner  to  another,  any  such  substance  without  delivering  with  each 
amount  sold  or  disposed  of,  a  label  on  which  is  plainly  or  legibly  printed  in  ordinary 
bold-faced  capital  letters,  as  above  described,  the  true  name  of  such  substance,  and 
also  the  name  of  such  articles  used  and  entering  into  the  composition  of  such  sub- 
stance in  ordinary  bold-faced  letters,  if  the  same  be  not  math'  wholly  from  pure 
milk  or  cream,  salt  and  harmless  coloring  matter  and  the  words  "  butter," 
"creamery,"  or  "dairy  "  or  any  word  or  combination  of  words  embracing  the  same, 
shall  not  be  placed  on  any  vessel,  package,  roll  or  parcel  containing  any  imitation  dairy 
product  or  substance  not  wholly  made  from  pure  milk  or  cream,  salt  and  harmless 
coloring  matter. 

Sec.  2.  Manufacture  of  imitation  l/utter  or  cheese  prohibited ;  "shimmed  cliecse."  It 
shall  be  unlawful  for  any  person  or  persona  within  the  State  of  Wyoming  to  manu- 
facture out  of  any  oleaginous  substance  or  substances,  or  any  compound  of  the  same 
other  than  that  produced  from  unadulterated  milk  or  cream,  salt  and  harmless  color- 
ing matter,  any  article  designed  to  be  sold  as  butter  or  cheese  made  from  pure  milk 
oi-  cream,  salt  and  harmless  coloring  matter,  but  nothing  in  this  section  shall  prevent 
the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese,  provided  said  cheese  is 
properly  labeled  showing  that  it  is  made  from  skimmed  milk. 

SEC.  3.  Falsely  branded  products.  It  shall  be  unlawful  for  any  person  within  the 
State  of  Wyoming  to  sell,  exchange  or  offer  for  sale  or  exchange  or  dispose  of,  or 
have  in  his  possession,  any  substance  or  article  made  in  imitation  or  semblance  of  or 
as  a  substance"  for  any  dairy  product  which  is  falsely  branded,  stenciled  or  marked 
as  to  the  place  where  made,  the   name  or  cream  value   thereof,  its  composition   or 

ingredients,  or  in  any  other  respect. 

Sec  4.  Falsely  packed  products.  It  shall  be  unlawful  for  any  person  or  persons, 
company  or  companies  within  the  State  of  Wyoming  to  pack,  box,  inclose,  ship,  con- 
sign, or  convey  any  substance,  butter  or  cheese,  purporting  to  have  been  made  from 
pure  milk  or  cream,  salt  and  harmless  coloring  matter  in  such  a  manner  as  to  conceal 

an  inferior  article  by  placing  a  finer  grade  of  butter  or  cheese  upon  the  surface  of  the 

same. 

Sec  5.  Sale  of  " skimmed "  milk  regulated.     It  Bhall  be  unlawful  tor  any  person  or 

persons,  whether  residing  in  or  out  of  the  Shite  of  Wyoming,  to  sell  in  the  said  State 

to  any  person,  persona  or  company,  or  to  deliver  or  carry,  or  cause  to  be  carried  to 

any  cheese  or  butter-  manufactory  to   be   manufactured,  any  milk  diluted  with  water 

or  in  any  way  adulterated,  oc  from  which  any  cream  has  been  taken,  or  milk  com- 
monly know  u  as  "skimmed  milk,"  or  milk  from  [which]  the  part  know  n  as  "  strip- 
ping" has  been  taken  or  withheld,  or  keep  or  renders  auv  false  account  of  quantity 

or  weight  of  milk  furnished  at  of  to  any  factory  for  manufacture  or  sold  to  any  manu- 
facturer except  that  it  be  properly  labeled  and  reported  in  accordance  with  iis  true 
character  and  value. 


hi  Statutes. 


WYOMING.  701 

Sec.  6.  Care  of  cows.  No  person  shall  keep  cows  for  the  production  of  milk  for  any 
purpose,  in  a  cramped  or  unhealthy  condition,  or  feed  them  on  unhealthy  or  unnatu- 
ral food  or  upon  food  that  produces  impure,  unhealthy  or  unwholesome  milk. 

Sec.  7.  Condensed  milk;  labels;  standard.  It  shall  he  unlawful  for  any  person 
within  the  State  of  Wyoming  to  manufacture,  Bell,  exchange,  expose  or  offer  for  sale 
or  exchange,  any  condensed  milk  unless  the  package,  can  or  vessel  containing  the 
the  same  shall  be  distinctly  labeled,  stamped  or  marked  with  its  true  name,  brand, 
by  whom  [manufactured]  and  the  date  of  manufacture,  and  under  what  name  made, 
and  no  condensed  milk  shall  be  made,  exchanged,  exposed  or  offered  for  sale  or 
exchange  unless  the  same  be  made  from  pure,  clean,  healthy,  fresh,  unadulterated 
and  wholesome  milk  from  which  the  cream  has  not  been  removed,  or  unless  the 
proportion  of  milk  solids  contained  in  the  condensed  milk  shall  be  in  amount  the 
equivalent  of  12  per  centum  of  milk  solids  in  crude  milk,  and  of  such  solids,  25  per 
centum  shall  be  fat. 

Sec.  8.  Adulterated  or  imitation  butter  and  cheese  prohibited ;  exemptions.  It  shall  be 
unlawful  for  any  person  by  himself  or  his  agent  or  his  employe  within  the  State 
of  Wyoming  to  render  or  manufacture  for  sale  out  of  animal  or  vegetable  oils  not  pro- 
duced from  unadulterated  milk  or  cream  from  the  same,  any  article  in  imitation  or 
semblance  of  natural  butter  or  cheese  produced  from  unadulterated  milk  or  cream 
from  the  same,  nor  compound  with,  or  add  to  milk,  cream  or  butter  any  acids  or 
other  deleterious  substance,  or  animal  or  vegetable  oils  not  produced  from  milk  or 
cream,  so  as  to  produce  any  article  or  substance,  or  any  human  food,  in  imitation  of 
natural  butter  or  cheese,  nor  shall  sell,  keep  for  sale,  or  offer  for  sale  any  article,  sub- 
stance or  compound  made,  manufactured  or  produced  in  violation  of  the  provisions 
of  this  act,  whether  such  article  or  articles,  substance  or  compound  shall  be  made  or 
produced  in  this  State  or  elsewhere.  It  is  further  provided  that  nothing  in  this  act 
shall  be  construed  to  prohibit  the  manufacture  or  sale  of  oleomargarine  or  butterine 
in  a  separate  and  distinct  form  and  the  sale  of  such  duly  and  properly  labeled  and 
in  such  manner  as  will  duly  advise  the  consumer  of  its  real  character  and  in  no  way 
to  cause  him  to  believe  it  to  be  pure  butter  as  defined  by  this  act. 

Si:c  9.  Oleomargarine  mnl  butterine  defined.  The  words  "oleomargarine"  or  "but- 
terine" as  used  in  this  act  shall  be  construed  to  mean  any  substance  not  pure  butter, 
of  not  less  than  80  per  cent,  butter  Eats,  which  substance  is  made  as  substitute  for, 
but  not  in  imitation  of,  or  in  any  sense  to  be  used  as  butter. 

Bbc.  lo.  Penalties.  Any  person  or  persons  violating  any  of  these  provisions  of  the 
sections  of  this  act  pertaining  to  dairy  products  shall,  upon  conviction  thereof,  be 
fined  not  less  than  titty  nor  more  than  two  hundred  dollars  for  the  first  offense,  and 
for  each  subsequent  offense  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars,  and  be  imprisoned  not  less  than  ten  days  nor  more  than  ninety  days,  «>r  both. 

haws  1903,  eh.  82,  art.  2,  p.  105. 

BBC.  1.  Filled  and  skimmed  cheese.  It  shall  be  unlawful  for  any  person  or  his  agent 
or  agents  within  tin-  State  of  Wyoming  to  sell,  expose  for  Bale  or  have  in  his  posses- 
sion  with  intent  to  sell  any  article,  substance  or  compound  made  in  imitation  or 
Semblance  of  cheese,  or  a-  a  substitute  for  cheese,  and  not  made  exclusively  or 
wholly  of  milk  or  cream,  with  salt,  rennet,  and  with  or  without  harmless  coloring 
matter,  or   containing   any  fats,  oils  or  grea-e   not    produced    from   milk  <>r  cream,  or 

shall  have  the  words  "tilled  cheese"  or  anything  thai  will  tend  to  deceive  the  public 
or  to  make  believe  that  said  cheese  lias  been  made  wholly  from  milk  or  cream,  w  ith 
salt)  rennety  and  with  or  without  harmless  coloring  matter,  and  when  made  to  con 

tain  less  than  twenty  per  cent,  or"  pure  butter  fat.  it  -hall  be  -tamped  with  the  words 


a  Statutes. 


702  FOODS  AND  FOOD  CONTROL.   . 

"Skimmed  Cheese"  and  duly  labeled,  or  marked,  in  printed  letters  or  plain,  uncon- 
densed  Gothic  type,  not  less  than  one  inch  in  length,  and  so  that  the  words  cannot 
easily  be  defaced,  and  upon  the  side  of  every  cheese,  cheese  cloth  or  band  upon  the 
game,  upon  the  top  and  side  of  every  tub,  tirkin,  box  or  package  containing  any 
such  article,  substance  or  compound.  And  when  such  article  is  sold  at  retail,  it 
shall  be  the  duty  of  said  retail  dealer,  or  his  agent,  to  so  mark  each  broken  package 
a-  to  convey  to  the  purchaser  its  real  name  and  true  condition. 

Sec.  2.  Penalty.  Whoever  by  himself  or  his  agents,  peddles,  sells,  solicits  orders 
for  the  future  delivery  of,  or  delivers  from  any  cart,  wagon  or  other  vehicle  upon  the 
public  streets  or  ways  "filled  cheese,"  "skimmed  cheese"  or  any  substance  made  in 
imitation  of  or  semblance  of  cheese,  or  as  a  substitute  for  cheese,  not  made  wholly  of 
milk  or  cream,  with  salt,  rennet  and  with  or  without  harmless  coloring  matter,  or 
having  been  labeled  in  accordance  with  this  act,  shall  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  one  hundred  dollars,  or  imprisoned  at  hard  labor  not 
less  than  ten  days  nor  more  than  thirty  days  for  the  first  offense  and  by  a  fine  of  not 
Less  than  one  hundred  dollars  nor  more  than  two  hundred  dollars,  or  imprisoned  at 
hard  labor  for  not  less  than  twenty  nor  more  than  sixty  days  or  both,  for  each  sub- 
Beqnent  offense. 

Laws,  1903,  eh.  82,  art.  3,  p.  107. 

B«c.  1.  Adulterated  or  unwholesome  mdk.  It  shall  be  unlawful  for  any  person  or 
persons,  agent  or  agents,  or  as  the  servant  or  agent  or  any  other  person  within  the 
State  of  Wyoming,  to  sell,  exchange,  or  deliver,  or  have  in  his  custody  or  possession 
with  intent  to  sell  or  exchange  or  expose,  or  offer  for  sale  or  exchange,  adulterate. I 
milk,  or  milk  to  which  wrater  or  any  foreign  substance,  acid  or  so-called  preservative 
has  been  added,  or  milk  from  diseased  or  sick  cows. 

Sec.  2.  Standard;  preservatives  prohibited;  penalty.  In  all  prosecutions  under  this 
act,  if  the  milk  is  shown  upon  analysis,  by  a  competent  chemist,  to  contain  more 
than  eighty-eight  per  centum  of  watery  fluid,  or  to  contain  less  than  twelve  per  cent, 
solids,  not  less  than  one-fifth  of  which  must  be  fat,  it  shall  be  deemed,  for  the  purpose 
of  this  act,  to  be  adnlterated,  and  not  of  good  standard  quality,  except  during  the 
months  of  May  and  June,  when  milk  containing  less  than  eleven  and  one-half  per 
cent,  of  milk  solids  shall  be  deemed  to  be  not  of  good  quality.  And  any  milk  found 
to  contain  salicylic  acid  or  other  preservatives  known  to  be  injurious  to  health,  shall 
be  deemed  adulterated,  and  any  person  or  persons,  company  or  companies,  agent  or 
servant  thereof,  who  shall  be  found  guilty  of  selling  such  milk  shall  be  punished  by 
a  line  of  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars  for  the  first 
offense,  and  for  the  second  offense  by  a  tine  of  not  less  than  one  hundred  dollars  nor 
mote  than  three  hundred  dollars,  or  by  imprisonment  at  hard  labor  for  not  less  than 
thirty  days  nor  more  than  sixty  days,  and  lor  all  Subsequent  offenses  by  a  line  of  fifty 
dollars  or  by  imprisonment  at  hard  labor  for  not  less  than  sixty  days  nor  more  than 

ninety  daj  b 

Laws,  L903,  ch.  82,  art.  4,  p.  10*. 

MAPLE  PBODUCT8. 

Skc  13.  Standard  maple  tugar  and  ayrup;  penalty.  For  the  purpose  of  this  act 
maple  sugar,  and  maple  Byrup,  shall  he  the  unadulterated  product  produced  by  the 

evaporation  of  pine  sap  from  the  maple  or  BUgai  tree.  The  standard  of  weight  of  a 
gallon  Oi  BUCh  maple  Byrup  of  231  CUbiG  inches  in  the  State  <»i'  Wyoming,  shall  he 
eleven  pounds.  Ami"  other  snbstame  mixed  w  ith  the  maple  BUgai  or  maple  s\  nip 
or  any  other  snhstanee  purporting  to  be  maple  sugar  or  maple  syrup  shall  he  deemed 
to    he    an   adulteration  within    the   meaning   of   the    laws   of  the   State   of  Wyoming, 

"  So  in  Statutes. 


WYOMING.  703 

providing  against  the  adulteration  of  foods,  drugs,  and  drinks,  and  such  party  who 
makes  or  offers  for  sale  such  adulterated  sugar  or  syrup  shall  be  deemed  guilty  of  a 
misdemeanor  and  fined  as  herein  previously  provided  for.« 

Laws,  1903,  ch.  82,  art.  1,  p.  105. 

MEAT. 

Sec.  11.  Diseased  or  unwholesome  provisions;  age  of  calves  for  killing.  Whoever  sells 
or  offers  for  sale  within  the  State  of  Wyoming  or  has  in  his  possession  with  a  view  to 
sell  any  kind  of  diseased,  corrupted,  adulterated  or  unwholesome  provisions,  whether 
meat  or  drink  without  making  the  condition  of  the  same  known  to  the  buyer,  and 
whoever  kills  for  the  purpose  of  sale  any  calf  less  than  four  weeks  old,  or  has  in  his 
possession,  with  intent  to  sell,  the  meat  of  any  calf  which  he  knows  to  have  been 
killed  when  less  than  four  weeks  old,  shall  be  guilty  of  a  misdemeanor,  and  when 
found  guilty  fined  as  hereinbefore  prescribed. a 

Sec.  12.  Feeding  offal  to  animals  prohibited.  Whoever  feeds  swine  or  animals  of  any 
kind  used  for  human  food,  the  flesh  of  any  old  horse,  or  the  flesh  of  any  animal, 
whether  old  or  young,  infirm  or  sick,  or  of  one  that  has  died  from  any  cause,  or  of 
any  offal  or  flesh  of  diseased  animals,  shall  be  deemed  guilty  of  a  misdemeanor  and 
subject  to  the  penalty  hereinbefore  prescribed  in  this  act.« 

Laws,  1903,  ch.  82,  art.  1,  p.  104. 

VINEGAR. 

Sec.  4.  Vinegar  standards;  fermented  and  distilled  vinegar.  This  act  shall  also  cover 
and  be  in  force  against  any  person  or  persons,  firm  or  firms,  or  manufacturing  estab- 
lishment for  the  manufacture  of  or  sale,  or  exposing  for  sale  or  selling,  or  having  in 
his  possession  with  intent  to  sell,  or  delivering  to  any  person  any  vinegar  not  in  com- 
pliance with  the  provisions  of  this  act,  and  no  vinegar  shall  be  sold  as  apple,  orchard 
or  cider  vinegar  which  is  not  the  legitimate  product  of  pure  apple-juice,  known  as 
apple  cider;  or  vinegar  not  made  exclusively  of  such  apple  cider;  or  vinegar  into 
which  foreign  substance,  drugs  or  acids  have  been  introduced,  as  may  appear  upon 
proper  test,  and  upon  said  test  shall  contain  not  less  than  two  per  centum,  by  weight, 
of  cider-vinegar  solids  upon  full  evaporation  at  the  temperature  of  boiling  water,  and 
providing  also  that  all  vinegar  made  by  fermentation  and  oxidation  without  the  inter- 
vention of  distillation  shall  be  branded  "Fermented  Vinegar"  with  the  name  of  the 
Emit  or  substance  from  which  the  same  is  made.  And  all  vinegar  made  wholly  or 
in  part  from  distilled  liquor  shall  be  branded  "Distilled  Vinegar,"  and  all  such  dis- 
tilled vinegar  shall  be  free  from  coloring  matter  added  during  or  after  distillation  and 
from  color  other  than  that  imparted  to  it  by  distillation.  And  that  all  fermented 
vinegar  not  distilled  shall  contain  not  less  than  two  per  centum,  by  weight,  upon  full 
evaporation,  at  the  temperature  of   boiling  water,  of  BOlids,  contained   in  the  fruit  Of 

grain  from  which  said  vinegar  is  fermented,  and  said  vinegar  shall  contain  not  less 
than  two  and  a  half  tenths  of  one  per  cent,  ash  or  mineral  matter,  the  same  being  the 

product  of  the  material  from  which  the  said  vinegar  is  manufactured.  And  further 
that  all  vinegar  shall  be  made  wholly  from  the  fruit  or  grain  from  which  it  purports 
to  have  been  made  or  is  represented  to  be  made,  and  shall  contain  not  less  than  four 
per  centum  by  weight  of  absolute  acetic  acid,  which  shall    not  be   contaminated    by 

any  foreign  Bubstance. 
Sec.  5.  Adulterated  vinegar  prohibited;  brands.      No  person  Bhall  manufacture  for 

sale,  offer  for  sale,  or  have  in  his  possession  with  intent  to  sell  within  the  State  "i 
Wyoming,  any  vinegar  found,  upon  proper  test,  to  contain  any  preparation  of  lea. I, 

copper,  sulphuric  or  other  mineral  add  or  other  ingredients  injurious  to  health,  and 


'Ait.  l,  sec  10,  p.  095, 


704  FOODS    AND    FOOD    CONTROL. 

all  packages  containing  vinegar  shall  be  branded  on  the  head  of  the  cask,  barrel,  keg, 
or  jug,  or  any  other  container  containing  such  vinegar  or  if  sold  in  other  packages 
that  each  package  be  plainly  marked  with  the  name  and  residence  of  the  manufac- 
turer, together  with  the  brand  required  in  the  provisions  of  this  act 

6.  Brands  for  cider  and  fruit  vinegar.  Every  person  making  or  manufacturing 
cider  vinegar,  who  is  not  a  domestic  manufacturer  of  cider  or  cider  vinegar,  shall 
brand  on  each  container,  whether  cask,  barrel,  keg  or  other  container  containing 
such  vinegar,  the  name  and  residence  of  the  manufacturer,  the  date  when  the  same 
was  manufactured  and  the  words  "cider  vinegar,"  and  no  vinegar  shall  be  branded 
"fruit  vinegar"  unless  the  same  be  made  wholly  from  apples,  grapes  or  other  fruits. 
Provided,  That  nothing  in  this  act  shall  be  construed  to  prevent  any  farmer  from 
manufacturing  for  his  own  private  use  or  offering  for  sale  not  to  exceed  twenty-live 
barrels  in  any  one  year,  pure  cider  or  other  fruit  vinegar,  branding  the  same  "domes- 
tic cider  vinegar,"  with  name  and  date  of  manufacture,  and  when  so  branded  shall 
be  sufficient  guarantee  of  its  purity. 

7.  Penalties.  Whoever  violates  any  of  the  provisions  of  this  Article  of  this 
act,  shall,  upon  conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars,  or  imprisoned  not  less  than  thirty  days  nor  more  than  one  hundred 
days,  or  both,  and  shall  be  adjudged  to  pay  in  addition  all  necessary  costs  and 
expenses  incurred  in  inspecting  and  analyzing  such  vinegar. 

Laws,  1903,  ch.  82,  art.  (i,  p.  109. 


o 


